IAR Systems Software, Inc. v. Superior Court

Only the prosecutor, not any third party, owes a criminal defendant a duty to disclose material exculpatory evidence, and even the prosecutor need not disclose such evidence if it is developed by a third party not acting under the prosecutor’s control.  Under Brady v. Maryland (1963) 373 US 83, a prosecutor must disclose material exculpatory…

City of San Jose v. Superior Court

Writings in a public employee’s or officer’s private e-mail account must be produced pursuant to a California Public Records Act request if the writings concern the conduct of public business.  Writings concerning the conduct of public business are within the scope of the California Public Records Act even if the writings are made on, sent…

City of Los Angeles v. Superior Court

California’s Civil Discovery Act applies to California Public Records Act proceedings, but trial courts should manage discovery tightly in those proceedings.  The Civil Discovery Act applies to all civil actions and to all special proceedings of a civil nature unless otherwise specified by statute.  This decision holds that under that general rule, the Discovery Act…