Costs, Special Fee Shifting Statute: Governmental Entity Could Not Charge Redaction Expenses As “Data Extraction” Costs Under The Public Records Act

Two Provisions Had To Be Harmonized To Get To The Holding.

            In National Lawyers Guild v. City of Hayward, Case No. S252445 (Cal. Supreme Court May 28, 2020) (published), the California Supreme Court decided that City was not allowed to charge a Public Records Act requestor the expenses of redacting statutorily-exempt information because those expenses were not for “data extraction” under Government Code section 6253.9(b)(2).  In the process, a couple of PRA provisions had to be harmonized in getting to the ultimate holding.  Justice Kruger authored the lead opinion, with a concurrence to address some possible future nuances.