California Public Records Act Lawsuit Against The Regents of the University of California

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 SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES

Allan J. Favish, Plaintiff,
v.
The Regents of the University of California, and does 1-100, Defendants.
                 

Case No. ___________

 

VERIFIED COMPLAINT FOR INJUNCTION (Failure to Produce Government Records)

(Cal.Govt.Code § 6258)

Plaintiff alleges:

1. Plaintiff is, and at all time mentioned herein was, a resident of Los Angeles County.

2. Plaintiff is informed and believes that some of the agency records described herein are situated in Los Angeles County, where part of the alleged liability arose.

3. Defendant Regents of the University of California (Regents) is, and at all times mentioned herein was, an agency of the California state government, that operates the following law and medical schools: Hastings College of the Law in San Francisco, UCLA School of Law in Los Angeles, UC Davis School of Law in Davis, Boalt Hall School of Law in Berkeley, UC San Diego School of Medicine in San Diego, UC San Francisco School of Medicine in San Francisco, UC Davis School of Medicine in Davis, UCLA School of Medicine in Los Angeles, and UC Irvine School of Medicine in Irvine.

4. Plaintiff is informed and believes that defendants are responsible for maintaining the agency records described herein and that they have the authority to release the records.

5. Plaintiff is ignorant of the true names and capacities of defendants sued herein as Does 1-100, and therefore sues these defendants by such fictitious names. Plaintiff will amend this complaint to allege their true names and capacities when these are ascertained. Plaintiff is informed and believes and thereon alleges that each of the fictitiously named defendants is responsible in some manner for the occurrences herein alleged, and that plaintiff's damages as herein alleged were proximately caused by the conduct of such fictitiously named defendants.

6. Plaintiff is informed and believes that defendants maintain the following public records: For each applicant to the law and medical schools operated by defendants, for the 1994 entering class, the following information: Grade Point Average (GPA), Law School Aptitude Test (LSAT) raw score, Medical School Admission Test (MCAT) raw score, race and ethnicity, whether they were offered admission, whether they were rejected, and whether they were a California resident.

7. The information contained in the aforementioned records is not personal or confidential and any information contained in the records can be severed from any personal or confidential information contained in the same records without undue difficulty. No applicant names or social security numbers are being sought.

8. On or about February 27, 1995, in accordance with his rights under the California Public Records Act, Cal. Govt. Code § 6250 et. seq., plaintiff requested that Regents provide him with copies of the records. A true and correct copy of plaintiff's request is attached hereto as Exhibit 1 and incorporated herein. Plaintiff's request reasonably described the aforementioned records and was not violative of any of defendants' rules regarding access to public records that defendants may have had in force.

9. On or about March 3, 1995, plaintiff received a written response from Regents indicating that the records would be provided. A true and correct copy of this response is attached hereto as Exhibit 2 and incorporated herein.

10. On or about March 28, 1995, plaintiff faxed a letter to the Regents General Counsel advising of the delay in being provided the records. A true and correct copy of plaintiff's letter (without the attachments) is attached hereto as Exhibit 3 and incorporated herein.

11. Plaintiff was at all times herein mentioned, ready to tender the appropriate fees to cover defendant agency's costs in providing copies of the aforementioned records.

12. Cal. Govt. Code § 6257 requires defendants to "make the records promptly available..."

13. Defendants have not provided plaintiff with access to or copies of the aforementioned records. Defendants' failure to provide the records lacks any legal justification.

14. Plaintiff is informed and believes that he has exhausted all administrative remedies provided by defendant agency.

15. Plaintiff has no adequate remedies at law in that the records are unique and monetary damages will not compensate plaintiff for denial of access to the information which plaintiff is seeking. Moreover, Cal. Govt. Code § 6258 expressly provides for the injunctive relief sought by plaintiff.

16. Cal. Govt. Code § 6259 provides for recovery of plaintiff's attorneys' fees. Plaintiff has incurred reasonable attorney's fees in an amount to be determined later.

WHEREFORE, plaintiff prays judgment against defendants and each of them as follows:

1. For a permanent injunction, enjoining defendants, and each of them and their agents, servants, and employees, and all persons acting under, in concert with, or for defendants, to provide plaintiff with access to and copies of the aforementioned records upon payment by plaintiff of the appropriate fee covering the costs to defendant agency of providing such access and copies;

2. In the alternative, if portions of the aforementioned records are found to be confidential, for a permanent injunction, enjoining defendants, and each of them and their agents, servants, and employees, and all persons acting under, in concert with, or for defendants, to provide plaintiff with access to and copies of all non-confidential portions of the above records, after any confidential portions thereof have been deleted, upon payment by plaintiff of the appropriate fee covering the costs to defendant agency of providing such access and copies;

3. For reasonable attorney's fees as determined by the court;

4. For costs of suit herein incurred; and

5. For such other and further relief as the court may deem proper.

 

Date: ___________________                      

     


_______________________________

 

 

Allan J. Favish

Attorney for Plaintiff

 

VERIFICATION

I, Allan J. Favish, am the plaintiff in the above-entitled action. I have read the foregoing complaint and know the contents thereof. The same is true of my own knowledge, except as to those matters which are therein alleged on information and belief, and as to those matters, I believe them to be true.

I declare under penalty of perjury under the laws of California that the foregoing is true and correct and that this verification was executed on the date indicated below.

 

Date: __________________                      

     

_______________________________

 

 

Allan J. Favish