Davis

Davis v. City of San Diego

Good Law
106 Cal. App. 4th 893·131 Cal. Rptr. 2d 266·2003 Cal. App. LEXIS 316·2003 Daily Journal DAR 2411·19 I.E.R. Cas. (BNA) 1277
Court of Appeal of CaliforniaMarch 3, 2003D039093, D039865California3,708 words

Opinion

Opinion

Kremer, J.

Defendants City of San Diego and Michael T. Uberuaga (together San Diego) appeal a judgment granting the petition of plaintiffs Charles Davis, James W. Jones, Danny Orduno, Michael Shiraishi, Cesar Solis and San Diego Police Officers Association (together Association) for a writ of mandate directing San Diego to refrain from releasing to the public certain reports of its Citizens’ Review Board on Police Practices (Board). (Code Civ. Proc., § 1085.) San Diego contends the court erred in concluding Board reports constituted confidential personnel records under relevant statutes. (Pen. Code, §§ 832.5, 832.7, 832.8.) San Diego further contends that even if Board reports constituted confidential personnel records, the court should have concluded San Diego could nonetheless voluntarily release those reports to the public.

San Diego also appeals a postjudgment order awarding attorney fees to Association. San Diego contends the court abused its discretion in assertedly not requiring Association to make a sufficient evidentiary showing that its counsel’s hourly fee was reasonable.

We have consolidated San Diego’s two appeals. Since on this record San Diego has not established…

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