California Supreme Court Refuses To Depublish Bernardi Decision

Decision Affirming $244,287.50 Fee Award Under the California Public Records Act Remains Citable.

     We would like to thank Ina Bendis, an attorney practicing in Santa Clara and one of our readers, for an update on Bernardi v. County of Monterey, a Sixth District decision sustaining a $244,287.50 fee award in favor of plaintiffs and against Monterey County under the California Public Records Act (first discussed in our October 1, 2008 post).

     Bernardi was subsequently certified for publication, even though County of Monterey opposed the publication request. County even requested the California Supreme Court to depublish the decision, but that request was denied on February 20, 2009. That means Bernardi is a good precedent for CPRA victors to cite in any battle over fees.

     Thanks to Ina for the update.