Motorola Commc'n & Elecs., Inc. v. Dep't of Gen. Servs.

Good Law

1997 Cal. App. LEXIS 505·55 Cal. App. 2d 1340·55 Cal. App. 4th 1340·64 Cal. Rptr. 2d 477·97 Daily Journal DAR 7934

Court of Appeal of CaliforniaMay 30, 1997C022623California4,003 words

Opinion

Puglia, J.

Plaintiff, Motorola Communication and Electronics, Inc. (Motorola), requested documents from the State of California Department of General Services (Department) under the California Public Records Act (Gov. Code, § 6250 et seq.; hereafter Public Records Act). When the Department failed to comply to Motorola’s satisfaction, Motorola initiated this mandamus proceeding. The superior court issued an alternative writ compelling production and the Department produced additional documents. The superior court thereafter entered judgment dismissing the proceeding as moot and denying Motorola’s request for costs and attorney fees. Motorola appeals the denial of costs and attorney fees. We shall affirm.

I

On July 14, 1995, Motorola filed an action in the superior court seeking to compel the Department to reimburse local agencies for the cost of acquiring and operating emergency 911 telephone equipment. (Motorola Communication & Electronics, Inc. v. Department of General Services (Super. Ct. Sacramento County, 1995, No. 95CS01414) (hereafter Case No. 95CS01414).) The complaint alleges that The Warren-911-Emergency Assistance Act (Gov. Code, § 53100 et seq.) requires the Department…

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