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Writ of Mandate by Life Legal Defense Foundation to Complel Disclosue of HWPP #171 Participants

Writ of Mandate by Life Legal Defense Foundation to Complel Disclosue of HWPP #171 Participants

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Published by Tom Ciesielka
In February, Senator Christine Kehoe (D-San Diego) introduced Senate Bill 1338, which if enacted would allow non-physicians to perform abortions after training provided pursuant to the Health Workforce Pilot Project #171 (HWPP). SB 1338 was sponsored by Planned Parenthood Affiliates of California, the American Civil Liberties Union of California, ACCESS Women's Health Justice, NARAL Pro-Choice California and California Latinas for Reproductive Justice. Last month the Life Legal Defense Foundation (LLDF), using the California Public Records Act, requested information to learn the names of the doctors performing the training and those already trained. The Writ was necessary in order to get that public information.
In February, Senator Christine Kehoe (D-San Diego) introduced Senate Bill 1338, which if enacted would allow non-physicians to perform abortions after training provided pursuant to the Health Workforce Pilot Project #171 (HWPP). SB 1338 was sponsored by Planned Parenthood Affiliates of California, the American Civil Liberties Union of California, ACCESS Women's Health Justice, NARAL Pro-Choice California and California Latinas for Reproductive Justice. Last month the Life Legal Defense Foundation (LLDF), using the California Public Records Act, requested information to learn the names of the doctors performing the training and those already trained. The Writ was necessary in order to get that public information.

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Published by: Tom Ciesielka on Apr 17, 2012
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11/26/2013

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Michael Millen, Esq.119 Calle Marguerita #100Los Gatos, CA 95032(408) 871-0777
VERIFIED PETITION FOR WRIT OF MANDAMUS ANDDECLARATORY RELIEF
110CV172614
Page 1Michael MillenAttorney at Law (#151731)119 Calle Marguerita Ste. 100Los Gatos, CA 95032Telephone: (408) 871-0777Fax: (408) 866-7480email:MikeMillen@aol.com Attorney for Petitioner Life Legal Defense FoundationSUPERIOR COURT OF CALFORNIACOUNTY OF ALAMEDALIFE LEGAL DEFENSE FOUNDATION,Petitioner,v.THE REGENTS OF THE UNIVERSITY OFCALIFORNIA and BRENDA GEEDEPERALTA,Respondents.NO.:
VERIFIED PETITION FOR WRITOF MANDAMUS ANDDECLARATORY RELIEF
[BY FAX]1. This Petition is being brought pursuant to Government Code ("Gov.C.") §§ 6250, etseq., also known as the California Public Records Act ("CPRA").2. Petitioners apply for an issuance of a writ of mandate under Gov.C. §6258 to inspect andcopy public records in the custody of a public agency as defined in Gov.C. §6252(d).3. Petitioner Life Legal Defense Foundation (“LLDF”) is a California corporation.4. Respondent Board of Regents of the University of California (“Regents”) isheadquartered in Oakland, California, and respondent Brend Gee DePeralta is a public officer whoworks for the Regents.5. Venue is proper in this judicial district, pursuant to Code of Civil Procedure §395,because defendant Regents is based in Oakland, California.
 
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Michael Millen, Esq.119 Calle Marguerita #100Los Gatos, CA 95032(408) 871-0777
VERIFIED PETITION FOR WRIT OF MANDAMUS ANDDECLARATORY RELIEF
110CV172614
Page 26. On Jan. 27, 2012, attorneys for petitioner submitted to the Regents’ San Franciscocampus a written request for public records. A true and correct copy of that request is attachedhereto as Exhibit 1. Said request sought records in 10 categories of public records. Request #3 and##6-9 were as follows:
3. copies of the accounting records for the last four years
 
6. the names/addresses of every physician who participated in the Project or performed  procedures within the Project from 2007 to the present 7. the names of all “trainees” from 2007 to present 8. the names of the members of the Stakeholder Advisory Group for this Project 9. copies of all protocols, policies, and/or procedures for identifying, selecting, or recruiting patients to participate in the Project 
 7. On February 9, 2012, having received no response to or even an acknowledgement of theRequest, Catherine Short of LLDF e-mailed Communications Coordinator Brenda Gee DePeraltaof the Office of the Executive Vice Chancellor and Provost to check on the status of the request.8. On February 10, Ms. DePeralta responded with a letter acknowledging receipt of theRequest.9. On February 22, 2012, having received no further communication from UCSFconcerning the Request, Ms. Short again e-mailed Ms. DePeralta, seeking an update on the statusof the request and an estimate of the copying costs.10. On February 28, 2012, still having received no response, Ms. Short again e-mailed Ms.DePeralta, stating that unless she received a substantive response to the request within sevenbusiness days, she would pursue other remedies. Ms. DePeralta responded the next day, stating thatshe would provide a timeline for production the following day.11. Three days later, on March 2, Ms. DePeralta responded by saying that review of thedocuments was estimated to take another 14 days, at which time she would provide a page countand cost of duplication, payment for which would be due in advance of production.
 
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Michael Millen, Esq.119 Calle Marguerita #100Los Gatos, CA 95032(408) 871-0777
VERIFIED PETITION FOR WRIT OF MANDAMUS ANDDECLARATORY RELIEF
110CV172614
Page 312. On March 16, Ms. DePeralta sent a letter to petitioner, a true and correct copy of whichis attached hereto as Exhibit 2. That letter stated that 508 pages of responsive, non-privileged, non-exempt documents had been located but that that two categories of information would not beprovided: 1) names/addresses of physicians participating in the project and names of traineesparticipating in the project, and 2) “preliminary research data.” Additionally, Ms. DePeralta statedthat she would provide either a status or update or a cost estimate for the accounting records byMarch 29, 2012.13. In response to Ms. DePeralta’s letter, petitioner sent an email on March 21, 2012, a trueand correct copy of which (along with the other emails in the chain) is attached hereto as Exhibit 3.That email stated in part that the Regents’ reasons for withholding documents were not legallytenable and that all responsive documents should be produced. The letter further requested that theRegents produce a log if they were going to persist with their purported exemptions.14. In response to petitioner’s email of March 21, 2012, Ms. Gee sent to petitioner a letterfrom University of California at San Francisco Deputy Campus Counsel Greta Schnetzler, onbehalf of respondent, a true and correct copy of which is attached hereto as Exhibit 4. That letterstated in part that the names of physicians and trainees would not be produced.15. Ultimately, 463 pages of documents were sent to petitioner on April 2, 2012. Theproduction did not include the following:Request #3 - Copies of the accounting for the last 4 yearsRequest #6- Names of the participating physicians/trainersRequest #7- Names of all traineesRequest #8- Names of the StakeholdersRequest #9- Copies of all protocols as relates to recruiting patientsRespondents have provided no log, no timetable for production, nor cost estimate for thesemissing items.16. The documents sought by petitioner are public records. As such, it is required that theybe made available to members of the public for review upon request. Petitioner made a lawful

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