California Public Records Research, Inc. v. County of Yolo

In September 2012, appellant California Public Records Research, Inc. (CPRR), filed a petition for writ of mandate and complaint challenging fees charged for copies of official records by the Yolo County Clerk-Recorder’s Office (Recorder’s Office). The petition alleges that respondents County of Yolo and Yolo County Clerk-Recorder Freddie Oakley (collectively, County) failed to perform a mandatory duty to limit copy fees, in violation of Government Code section 27366 (section 27366), article XIII C of the California Constitution as most recently amended by Proposition 26 and California common law. The complaint seeks a declaration of the parties’ rights under section 27366, and a further declaration that the recorder’s actual cost to produce copies does not exceed $0.10 per page. The complaint also alleges that the County was negligent in setting copying fees, and seeks damages and money had and received on behalf of a putative class of persons who paid the allegedly excessive fees.

The County moved for summary judgment on the grounds that section 27366 authorizes the board of supervisors (Board) to exercise discretion in setting fees, there was no genuine issue of…