Consolidated Irrigation Dist. v. Super. Ct. CA5

BACKGROUND

District and the City of Reedley (City), the real party in interest, are presently engaged in proceedings brought under the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.). Specifically, District “challenges the City’s February 25, 2014 approval of the Reedley General Plan 2030 Update and proposed Sphere of Influence Update[/]Amendment … [(]‘Project[’)] and … certification of an environmental impact report (‘EIR’) for the Project.” On March 27, 2014, District petitioned the superior court for a writ of mandate pursuant to CEQA and a writ of mandate, injunctive relief, and declarative relief pursuant to CPRA. In the section titled “BACKGROUND FACTS,” District alleged, inter alia:

“18. On January 28, 2014, [District] submitted a [CPRA] Request to the City requesting public records that made up the record of proceeding for the Project so it could prepare informed comments on the [final ]EIR and Project. [¶] … [¶]

“27. On or about February 24, 2014, the City provided its response to [District]’s [CPRA] request. The City advised that it had excluded records that it considered privileged or exempt under the Deliberative Process exemption…