Walnut Creek Police Officers' Ass'n v. City of Walnut Creek

Good Law
245 Cal. Rptr. 3d 398·33 Cal. App. 5th 940
Court of Appeal of CaliforniaMarch 12, 2019A156477California295 words

Opinion

Lead Opinion

*399 *941 The petitions for writ of supersedeas filed in these consolidated matters are denied. Appellants have not shown that "substantial questions will be raised on appeal." ( Smith v. Selma Community Hospital (2010) 188 Cal.App.4th 1 , 18, 115 Cal.Rptr.3d 416 .) The appeals center around amendments enacted this year to Penal Code section 832.7 that expand public access to certain peace officer records maintained by a state or local agency. (See Pen. Code, § 832.7, subd. (b)(1).) Appellants assert that applying the 2019 amendments to compel disclosure of records created prior to 2019 constitutes an improper retroactive application of the new law. For the reasons stated by the trial court, appellants' argument is without merit. Although the records may have been created prior to 2019, the event necessary to "trigger application" of the new law-a request for records *942 maintained by an agency-necessarily occurs after the law's effective date. ( People v. Grant (1999) 20 Cal.4th 150 , 157, 83 Cal.Rptr.2d 295 , 973 P.2d 72 ["the critical question for determining retroactivity usually is whether the last act or event necessary to trigger application of the statute occurred before…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.