The newspaper Tracy Press, Inc., submitted to the City of Tracy a Public Records Act request that pertained to dealings between city officials and the Lawrence Livermore National Laboratory. The request sought, among other things, e-mails between members of the city council and Lawrence Livermore. The City responded, but it did not produce e-mails that city council member Suzanne Tucker exchanged with Lawrence Livermore from her personal computer at home through her private e-mail account.

Tracy Press petitioned for a writ of mandate in the trial court, seeking production of those e-mail records in Tucker’s possession. The petition named the City, the city council, and Tucker. Upon hearing, the court denied the petition.