Villegas-Banuelos

This is an appeal from a trial court’s order denying the request of Pedro Villegas-Banuelos (appellant herein and respondent below) for attorney’s fees under the pertinent provision of the California Public Records Act (Gov. Code, § 6250 et seq.). Appellant requested the fees after the Fontana Police Department (petitioner below and respondent herein) refused to produce two tape recordings of telephone communications between Fontana and another law enforcement agency unless appellant agreed to stipulate to two conditions: (1) that certain portions of the tapes that Fontana considered embarrassing and irrelevant could be edited out; and (2) that appellant would not disseminate the tapes. Appellant requested the tape recordings after he was mistakenly arrested by the Fontana Police Department (Fontana) on a homicide warrant issued by the Long Beach Police Department. Appellant declined to stipulate to Fontana’s conditions and instead expressed his intent to seek an order compelling Fontana to produce the unedited tapes. Before appellant filed his mandamus petition, Fontana filed a petition seeking a protective order with regard to the tapes. Appellant filed opposition to…