Appellate Court Disagreed With Lower Court, Because PRA Litigation Was Not "Clearly Frivolous" So As To Justify Fee Order.
In Bertoli v. City of Sebastopol, Case No. A132916 (1st Dist., Div. 4 Jan. 20, 2015) (published), a petitioner/her attorney were hit with an adverse $44,630 fee award (out of a requested $82,380) in favor of City based on a trial court finding that the California Public Records Act litigation was "clearly frivolous"—based on Government Code section 6259(d), which does allow for fee-shifting against a PRA petitioner if frivolousness is shown.
The appellate court reversed, essentially using a de novo standard of review.
Bertoli and her counsel were seeking records, including electronically stored information from City and numerous representatives, for purposes of Bertoli’s personal injury accident in crossing a California owned highway running through the City, with Bertoli left permanently physically and mentally disabled. The reviewing court believed that there could be no personal ill will under the circumstances, and did not find the requests—although admitting they were unfocused, nonspecific, and unduly burdensome in nature—to be clearly without merit, especially given that the law on ESI is still evolving in the PRA arena. The appellate court also believed the lower court conflated discovery standards with PRA principles, with the latter being designed to allow open access to public documents unless specified exemptions are satisfied. The "clearly frivolous" standard was not met as a matter of law in this one.