C.A. 4th;
D071527

The Fourth Appellate district reversed a trial court order and remanded. The court held that a plaintiff “prevailed” in litigation under the Public Records Act (PRA) for purposes of an award of attorney fees where the litigation resulted in the disclosure of additional documents, notwithstanding the trial court's ultimate denial of plaintiff's petition.

Following complaints by neighbors, the City of San Diego undertook enforcement action against residential homeowner Ponani Sukumar. Sukumar's attorney delivered a request to the city for “production of documents and information” under the PRA. The request stated the information requested would be used to assist Sukumar in addressing the city's enforcement actions concerning the property. Sukumar's PRA request sought 54 separate categories of documents. The city produced some, but not all, of the requested documents. Sukumar filed a petition for writ of mandate under the PRA, seeking to compel disclosure of the remaining documents. Following court-ordered depositions, the city produced 146 additional emails and five photographs.