MinCal Consumer Law Group v. Carlsbad Police Department

Appellant MinCal Consumer Law Group (MinCal) made a request to respondent Carlsbad Police Department (Department) in the City of Carlsbad 1 under the California Public Records Act (the Act; Gov. Code, § 6250 et seq.) for records stemming from identity theft incidents for nine months before the request date. Department permitted MinCal to inspect a media log, and otherwise denied access to records more than 30 days old on grounds they were considered “historical.” MinCal unsuccessfully filed a petition for writ of mandate under the Act, and then filed a notice of appeal from the superior court’s judgment denying the petition. MinCal contends that as a matter of statutory interpretation, disclosure of the requested information is mandatory under the terms of the Act, and it is not exempt from disclosure as historical.

City responds that this court lacks jurisdiction and thus we should dismiss MinCal’s purported appeal because MinCal’s sole remedy is to file a petition for writ of mandate, and MinCal appeals from a nonappealable judgment or order. It otherwise maintains that under the applicable appellate standards of review and a reasonable construction of the Act’s…