California Civil Code

§ 1798.46

CIV § 1798.46Div. 3 · Title 1.8 · Part 4 · Ch. 1 · Art. 9

Statute text

In any suit brought under the provisions of subdivision (a) of Section 1798.45:

(a)The court may enjoin the agency from withholding the records and order the production to the complainant of any agency records improperly withheld from the complainant. In such a suit the court shall determine the matter de novo, and may examine the contents of any agency records in camera to determine whether the records or any portion thereof may be withheld as being exempt from the individual’s right of access and the burden is on the agency to sustain its action.

(b)The court shall assess against the agency reasonable attorney’s fees and other litigation costs reasonably incurred in any suit under this section in which the complainant has prevailed. A party may be considered to have prevailed even though he or she does not prevail on all issues or against all parties.

Legislative history

Amended by Stats. 1985, Ch. 595, Sec. 22.