Newark Unifed Sch. Dist. v. Super. Ct.

I. BACKGROUND

The District filed a complaint for injunctive relief (complaint) against real parties in August 2014. The complaint alleges Snyder is an attorney who represents the two entity real parties, community organizations, while Brazil is a Newark resident. In June 2014, real parties made one or more requests to the District under the PRA. In August, the District released documents in response to the requests. Soon after, the District realized not all of the documents had been reviewed for privilege or other exemptions and sent an e-mail to the recipients requesting their return. Brazil and Snyder declined to comply, Snyder taking the position the District had waived any applicable privileges by releasing the documents. The complaint seeks injunctive relief requiring the return or destruction of the privileged, exempt, or confidential records that had been released.

2 Promptly after filing the complaint, the District sought a temporary restraining order (TRO) to prevent further disbursement of the documents and an order to show cause regarding a preliminary injunction. The application was supported by a declaration from the interim superintendent of the District, Timothy…