section 6255(a) test under catch all exception (California) · Go Syfert
← California issues

section 6255(a) test under catch all exception in California

5 California opinions name it 2 courts 1986–2014 0 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
International Federation of Professional & Technical Engineers, Local 21 v. Superior Courtgreen
cal · 2007 · cited in 3 California opinions naming this issue, 2014–2014
2 sentences

2014(Compare City of San Jose v. Superior Court, supra, 74 Cal.App.4th at pp. 1018-1025 [balancing test under catch-all exception of section 6255, subd. (a), favors privacy interests of citizens complaining about airport noise over public interest in disclosure] and Regents of University of California v. Superior Court (2013) 222 Cal.App.4th 383, 399 ) [public entity has no obligation to obtain fund information from private investment firms] with International Federation, supra, 42 Cal.4th 319, 346 [peace officers' names and salary information not protected from CPRA disclosure under 8 exemption o

2014(Compare City of San Jose v. Superior Court, supra, 74 Cal.App.4th at pp. 1018-1025 [balancing test under catch-all exception of section 6255, subd. (a), favors privacy interests of citizens complaining about airport noise over public interest in disclosure] and Regents of University of California v. Superior Court (2013) 222 Cal.App.4th 383, 399 ) [public entity has no obligation to obtain fund information from private investment firms] with International Federation, supra, 42 Cal.4th 319, 346 [peace officers' names and salary information not protected from CPRA disclosure under 8 exemption o

33
Sander v. State Bar of Cal.green
cal · 2013 · cited in 3 California opinions naming this issue, 2014–2014
2 sentences

2014(Compare City of San Jose v. Superior Court, supra, 74 Cal.App.4th at pp. 1018-1025 [balancing test under catch-all exception of section 6255, subd. (a), favors privacy interests of citizens complaining about airport noise over public interest in disclosure] and Regents of University of California v. Superior Court (2013) 222 Cal.App.4th 383, 399 ) [public entity has no obligation to obtain fund information from private investment firms] with International Federation, supra, 42 Cal.4th 319, 346 [peace officers' names and salary information not protected from CPRA disclosure under 8 exemption o

2014(Compare City of San Jose v. Superior Court, supra, 74 Cal.App.4th at pp. 1018-1025 [balancing test under catch-all exception of section 6255, subd. (a), favors privacy interests of citizens complaining about airport noise over public interest in disclosure] and Regents of University of California v. Superior Court (2013) 222 Cal.App.4th 383, 399 ) [public entity has no obligation to obtain fund information from private investment firms] with International Federation, supra, 42 Cal.4th 319, 346 [peace officers' names and salary information not protected from CPRA disclosure under 8 exemption o

33
Black Panther Party v. Kehoegreen
calctapp · 1974 · cited in 2 California opinions naming this issue, 1986–2003
2 sentences

2003(Black Panther Party, supra, 42 Cal.App.3d at p. 656 .) Even if a particular item is not specifically exempt from disclosure, section 6255 establishes a catch-all provision that permits withholding of a record if the agency can justify nondisclosure “by demonstrating that... on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record.” A claim that disclosure of a particular item violates an individual’s constitutional right to privacy is analyzed under essentially the same balancing test a

1986The Act endows the agency with discretionary authority to override the statutory exceptions when a dominating public interest favors disclosure. [7] ( Black Panther Party v. Kehoe (1974) 42 Cal. App.3d 645, 656 [ 117 Cal. Rptr. 106 ].) In addition to these express exceptions, section 6255 establishes a catch-all exception that permits the government agency to withhold a record if it can demonstrate that "on the facts of a particular case the public interest served by not making the record public clearly outweighs the public interest served by disclosure of the record." [8] (Italics added.) Def

12
Braun v. City of Taftgreen
calctapp · 1984 · cited in 1 California opinions naming this issue, 2003–2003
2 sentences

2003(Black Panther Party, supra, 42 Cal.App.3d at p. 656 .) Even if a particular item is not specifically exempt from disclosure, section 6255 establishes a catch-all provision that permits withholding of a record if the agency can justify nondisclosure “by demonstrating that... on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record.” A claim that disclosure of a particular item violates an individual’s constitutional right to privacy is analyzed under essentially the same balancing test a

2003(Black Panther Party, supra, 42 Cal.App.3d at p. 656 .) Even if a particular item is not specifically exempt from disclosure, section 6255 establishes a catch-all provision that permits withholding of a record if the agency can justify nondisclosure “by demonstrating that... on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record.” A claim that disclosure of a particular item violates an individual’s constitutional right to privacy is analyzed under essentially the same balancing test a

11
San Diego Union v. City Councilgreen
calctapp · 1983 · cited in 1 California opinions naming this issue, 2003–2003
2 sentences

2003(San Diego Union v. City Council (1983) 146 Cal.App.3d 947, 955 [ 196 Cal.Rptr. 45 ] [Brown Act prohibits closed city council sessions for purpose of setting salaries of officers and employees].) Based on this loss of anonymity, the Daily News reasons that public employees, unlike their private counterparts, have no legally recognized *1512 privacy right to control dissemination of their individually identified salary information.

2003(San Diego Union v. City Council (1983) 146 Cal.App.3d 947, 955 [ 196 Cal.Rptr. 45 ] [Brown Act prohibits closed city council sessions for purpose of setting salaries of officers and employees].) Based on this loss of anonymity, the Daily News reasons that public employees, unlike their private counterparts, have no legally recognized *1512 privacy right to control dissemination of their individually identified salary information.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Regents of the University of California v. Superior Court green
calctapp · 2013
2 sentences

2014(Compare City of San Jose v. Superior Court, supra, 74 Cal.App.4th at pp. 1018-1025 [balancing test under catch-all exception of section 6255, subd. (a), favors privacy interests of citizens complaining about airport noise over public interest in disclosure] and Regents of University of California v. Superior Court (2013) 222 Cal.App.4th 383, 399 ) [public entity has no obligation to obtain fund information from private investment firms] with International Federation, supra, 42 Cal.4th 319, 346 [peace officers' names and salary information not protected from CPRA disclosure under 8 exemption o

2014(Compare City of San Jose v. Superior Court, supra, 74 Cal.App.4th at pp. 1018-1025 [balancing test under catch-all exception of section 6255, subd. (a), favors privacy interests of citizens complaining about airport noise over public interest in disclosure] and Regents of University of California v. Superior Court (2013) 222 Cal.App.4th 383, 399 ) [public entity has no obligation to obtain fund information from private investment firms] with International Federation, supra, 42 Cal.4th 319, 346 [peace officers' names and salary information not protected from CPRA disclosure under 8 exemption o

32014–2014

Statutes the citing opinions construe

CA § Cal. Government Code § 6255 (5) USC § 5u.s.c.552 (5) CA § Cal. Penal Code § 832.8 (4) CA § Cal. Evidence Code § 452 (3) USC § 18u.s.c.2701 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

← Caselaw search · G Cite Topics · Brief Check