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LAUSD Response to Luis Carrillo Public Records Act Request

LAUSD Response to Luis Carrillo Public Records Act Request

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Published by: Los Angeles Daily News on Apr 25, 2013
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03/18/2014

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Doc# 294792
 
Los Angeles
Unified School
District
OFFICE OF THE GENERAL COUNSEL
333 S. Beaudry Avenue, 20
th
Floor, Los Angeles, CA 90017TELEPHONE: (213) 241-7600; FACSIMILE (213) 241-3316
 
JOHN E. DEASY, Ph.D.
 
Superintendent of Schools
DAVID HOLMQUIST
 
General Counsel 
Via electronic mail
April 16, 2013Luis A. Carrillo, Esq.Law Offices of Luis A. Carrillo1525 Fair Oaks AvenueSouth Pasadena, CA 91030
Re: California Public Records Act Request # 0023527
Dear Mr. Carrillo:The Los Angeles Unified School District (
“LAUSD”) is in receipt of your Public Records
Act request dated March 20, 2013 in which you requested documents regarding written reportsand documents
of a teacher “inappropriately touching girls at Island Elementary School and/or George De La Torre Jr. Elementary School.”
LAUSD is unable to comply with your specificrequests for the following reasons.First, the information that you seek is expressly exempt from disclosure because it
consists of “records pertaining to pending litigation to which the public agency is a party.” Gov.
Code § 6254(b). The documents sought pertain to ongoing cases and claims in which LAUSD isa party to the litigation.
The records are exempt from disclosure “until the pending litigation or claim has been finally adjudicated or otherwise settled.”
 Id 
.Second, the information that you seek consists of attorney-client and attorney work  product information that is protected from disclosure pursuant to Government Code § 6254,subsection (k) which provides in relevant part:Except as provided in Sections 6254.7 and 6254.13, nothing in this chapter shall be construed to require disclosure of records that are any of the following [ ][r]ecords, the disclosure of which is exempted or prohibited pursuant to federal or state law, including, but not limited to, provisions of the Evidence Code relatingto privilege.Gov. Code § 6254(k);
 see also
Evid. Code § 952; Civ. Proc. Code § 2018.030.Third, the information that you seek is exempt from disclosure, pursuant to GovernmentCode § 6254(k), by the mediation confidentiality statutes, Evidence Code § 1115, et seq.,

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