Request #1313

Dear Mr. Escamilla,

Attached is a copy of the letter sent to you on February 4, 2016, in response to your January 22nd email request.

Sincerely,
Denise Kehn
Records Specialist
City of Garden Grove
714-741-5036

I have now had an opportunity to review the City's redacted invoices with consulting attorneys and members of the news media in this matter. The descriptions of billing tasks contained in the invoices have been improperly redacted. These descriptions of the work being billed in the invoice do not fall under the category of attorney-work product which, under CCP 2018.030 is a "writing that reflects an attorney's impressions, conclusions, opinions, or legal research or theories." These are simple descriptions of the tasks that the law firm is billing to the city and are discoverable under the CPRA. I am entitled to review the content of these descriptions since this involves an expenditure of taxpayer funds and the reasonableness of this firm's billing (including the basis for the billing as shown by the redacted descriptions in the invoices) is being placed under public scrutiny. Further, a description of a billing is not a confidential communications under Evidence Code 952. There are no legal grounds for redacting the description of the billed service and I am demanding production of the un-redacted invoices. in compliance with my CPRA request. Thank you for full compliance with the CPRA by your production of the un-redacted invoices.

Dear Mr. Escamilla,

Attached are copies of the redacted invoices, billed by Woodruff, Spradlin & Smart, that support the billings for Administration Citation # 002593.

Sincerely,
Denise Kehn
Records Specialist
City of Garden Grove
714-741-5036

Dear Mr. Escamilla,

As previously indicated, many of the billing entries contained in the invoices from Woodruff, Spradlin and Smart are protected from disclosure by the attorney-client privilege and attorney work product doctrine. (Gov’t Code section 6254(k); Evid. Code section 954; Code of Civil Procedure section 2018.030) We are in the process of redacting the invoices containing the billing entries for Administrative Citation # 002593. You will be notified when they are available.

Sincerely,
Denise Kehn
Records Specialist
City of Garden Grove
714-741-5036

Can you please provide the invoices support the billings? I would like to see a breakdown of the $2,051.90 billed by the Woodruff firm for legal services related to Administrative Citation # 002593. The breakdown should indicate the hourly rate, hours billed and tasks. Thank you.

Dear Mr. Escamilla,

The review of invoices from Woodruff, Spradlin and Smart in connection with Administrative Citation # 002593 has been completed. The City has been billed $2,051.90 for legal services related to Administrative Citation # 002593.

Sincerely,
Denise Kehn
Records Specialist
City of Garden Grove
714-741-5036

Dear Mr. Escamilla,

Thank you for your email. We will contact you when we have completed our review of the invoices from Woodruff, Spradlin and Smart and have the total amount billed in connection with Administrative Citation #002593.

Sincerely,
Denise Kehn
Records Specialist
City of Garden Grove
714-741-5036

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Ms. Kehn,

Thank you for your response to my public records request.

You have stated that "The billing for this citation is combined with other code enforcement matters under a single matter number, but if you would like the total amount billed for this citation, please let us know and the City will review the invoices to obtain the amount."

My goal of this public records request it to obtain "the total amount billed for the citation" and review the basis (i.e. legal research, telephone calls, letters, court appearances, etc.) for these billings since this involves an expenditure of taxpayer funds.

Nothing that I am seeking falls under the category of attorney-work product which, under CCP 2018.030 is a "writing that reflects an attorney's impressions, conclusions, opinions, or legal research or theories." Further, I am not seeking confidential communications under Evidence Code 952. There are no legal grounds for denying my public records request.

In response to your e-mail offering to narrow down the 2000 pages of invoices, I would request that you provide me with the total amount billed by Woodruff, Spradin and Smart, during the period of 9/22/12 through 9/22/15 in connection with Administrative Citation #002593.

Thank you.

Dear Mr. Escamilla,

The City of Garden Grove is in receipt of your request for public records dated September 21, 2015. This correspondence will serve as the City’s notice of determination as to whether your request seeks non-exempt, non-privileged, disclosable public records in the City’s possession, pursuant to the California Public Records Act (Government Code section 6250 et seq.).

The records responsive to your request for “[a]ny and all invoices received by the City of Garden Grove from Woodruff, Spradlin & Smart during the period of 9/22/14 through 9/22/15” are exempt from disclosure on the basis that the public interest in nondisclosure of the records clearly outweighs the public interest in disclosure. (Gov’t Code section 6255; ACLU v. Deukmejian, 32 Cal.3d. 440 (1982)) The invoices you have requested total approximately 2,000 pages. Many of the billing entries contained in these invoices are protected from disclosure by the attorney-client privilege and attorney work product doctrine. (Gov’t Code section 6254(k); Evid. Code section 954; Code of Civil Procedure section 2018.030) The time and expense required to redact exempt information from the invoices would be substantial. The public interest in disclosure of the redacted invoices is minimal, especially considering that the City is providing information regarding payments made to Woodruff, Spradlin & Smart. It appears that you are specifically interested in information related to Administrative Citation #002593. The billing for this citation is combined with other code enforcement matters under a single matter number, but if you would like the total amount billed for this citation, please let us know and the City will review the invoices to obtain the amount.

Notwithstanding the foregoing, the City is in possession of non-exempt, non-privileged, disclosable public records responsive to request categories 2 through 4. While there is typically a charge of $0.10 per page for copies, these records are attached as a courtesy.

Should you have any questions or wish to narrow request category 1, please do not hesitate to contact me.

Sincerely,
Denise Kehn
Records Specialist
City of Garden Grove
714-741-5036

Today is October 2nd and a response was due today. It is now after business hours and I have not yet received a response to my public records request. Please provide me with the status of my request as soon as possible.