North Pacifica, LLC v. City of Pacifica

ORDER RE DELIBERATIVE PROCESS PRIVILEGE

During the Final Pretrial Conference on July 16, 2003, the Court asked the parties to brief the deliberative process privilege and attorney-client privilege as they affect the potential testimony of the City Council members at trial. Having reviewed the briefs and having considered the arguments of counsel, the Court hereby finds that (1) the deliberative process privilege is applicable but that, as a qualified privilege, it is overcome under the circumstances and (2) it will need to conduct on a case-by-case basis whether the attorney-client privilege is applicable.

I. FACTUAL BACKGROUND

Plaintiff North Pacifica LLP (“NP”) has filed suit against the City of Pacifica (“City”), claiming that its right to equal protection was violated when the City imposed a condition of approval on NP’s proposed condominium project that was more onerous than that imposed on similarly situated projects. The condition of approval, known as Condition 13(b), as interpreted by NP, requires that the covenants, conditions, and restrictions for the project state that individual homeowners be jointly and severally liable for, inter alia, the condominium’s common…