Anderson-Barker

Anderson-Barker v. Superior Court of L. A. Cnty.

Good Law
242 Cal. Rptr. 3d 724·31 Cal. App. 5th 528
Court of Appeal of CaliforniaJanuary 22, 2019B285391California5,441 words

Opinion

Lead Opinion

Zelon, J.

*530 Petitioner Cynthia Anderson-Barker filed a petition under the California Public Records Act ( Gov. Code, §§ 6250, et seq., (CPRA) ) to compel the City of Los Angeles to disclose electronically-stored data relating to vehicles that private towing companies had impounded at the direction of the Los Angeles Police Department. The City argued the CPRA was inapplicable because it did not possess or control the requested data. The trial court agreed, and denied the petition.

Anderson-Barker filed a petition for writ of mandate seeking an order directing the trial court to vacate its order, and enter a new order directing the City to produce the data. We issued an order to show cause, and now deny the petition.

*531 FACTUAL BACKGROUND

A. Background Facts

The Los Angeles Police Department (LAPD) uses privately-owned companies to tow and store impounded vehicles. 1 These tow companies are referred to as "Official Police Garages" (OPGs), and perform their services pursuant to written contracts with the City of Los Angeles. Although the City contracts separately with each OPG, the terms of the contracts are materially identical, except with respect to the covered service area.

When…

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