Sukumar v. City of San Diego 

A plaintiff in a Public Records Act case may be the prevailing party and thus entitled to an award of attorney fees, even if a final judgment eventually dismisses the action—so long as the action was the catalyst for the defendant’s provision of the requested records.  Following Belth v. Garamendi (1991) 232 Cal.App.3d 896, this decision holds that a plaintiff in a Public Records Act case may be the prevailing party entitled to an award of attorney fees even if a final judgment eventually dismisses the action so long as the action was the catalyst for the defendant’s providing requested records.  Here, the evidence showed that suit was filed after the city stated that it had already produced all responsive records in its possession, but after plaintiff sued and took depositions, the city produced 146 pages of additional documents.  Plaintiff was therefore the prevailing party entitled to an attorney fee award.

California Court of Appeal, Fourth District, Division 1 (Nares, J.) ; August 15, 2017; 2017 WL 3483653

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