Board of Trustees of California State University v. Superior Court of San Diego County

Petitioner Board of Trustees of the California State University (the University) seeks a writ of mandate to prevent disclosure of documents that the court ordered it to turn over to real party in interest The Copley Press, Inc. (Copley). Copley is the publisher of the San Diego Union-Tribune (The Union-Tribune) newspaper. The documents relate to lawsuits brought by San Diego State University (SDSU) athletic department employees Steven Bartel and David Ohton against the University and others, arising out of an investigative audit of SDSU’s athletic department by the University. Bartel’s lawsuit (the Bartel action) challenged the circumstances surrounding the audit and included allegations of defamation and illegal disclosure of private information. Ohton’s action (the Ohton action) alleged retaliation for his participation in the audit, challenged the circumstances surrounding the audit, and made claims of illegal disclosure of private information.

The Union-Tribune sought records from the University concerning the Bartel and Ohton actions under the Public Records Act, Government Code 1 section 6250 et seq. (PRA). Specifically, The Union-Tribune sought (1) any…