HomeMy WebLinkAboutLetter to Amy Hu - ExecutedWOODRUFF, SPRAIDLIN & SMART
A P r o f e s s i o n a l C o r p o r a t i o n
December 17, 2021
E-MAIL ONLY
Amy Hu
Law Offices of Amy Hu
Email: ahulaw@gmail.com
DAVID A. DEBERRY
DIRECT DIAL: (714) 415-1088
DIRECT FAX: (714) 415-1188
E-MAIL: DDEBERRY@WSS-LAW.COM
Re: Public Records Act Request Dated December 13, 2021
Dear Ms. Hu:
The City of Diamond Bar ("CITY") is in receipt of your Public Records Act request of the
above date ("Request") and provides this preliminary determination regarding records that may be
responsive to the Request. Initially, as a point of information FOIA refers to the Federal Freedom
of Information Act. The CITY is not subject to FOIA, but rather the California Public Records
Act, Government Code §§6250 et seq. The CITY has begun the effort of compiling
documents/communications that it believes are responsive.
In addition, it appears that records that may be responsive to the Request are nevertheless
exempt from disclosure under State law, including, but not limited to, Government Code section
6254. Although the CITY's investigation is continuing, the following exemptions may apply to
some of the records being sought under the Request.
Attorney/Client Privilege pursuant to Evidence Code section 950 et seq.;
Attorney Work Product Privilege pursuant to Code of Civil Procedure section 2018 et seq.;
Preliminary drafts, notes, or interagency of intra-agency memoranda pursuant to
Government Code section 6254(a);
Deliberative Process Privilege pursuant to Government Code section 6255(a);
Records in which the public interest in not disclosing the records clearly outweighs the
public interest served by disclosing the records; and
Exemption for memorandum from legal counsel pursuant to Government Code sections
6254.25, 11126 and 54956.9.
555 ANTON BOULEVARD, SUITE 1200 COSTA MESA, CA 92626-7670 (714) 558-7000 FAX (714) 835-7787
WWW.WSS-LAW.COM
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Amy Hu
December 17, 2021
Page 2
The CITY does not waive any other exemptions that it later realizes may apply as it searches
for records that are responsive to the Request. CITY will promptly review records responsive to
your Request and provide those as they become available.
Sincerely,
WOODRUFF, SPRADLIN & SMART
A Professional Corporation
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DAVID A. DEBERRY`
CITY ATTORNEY
cc: Joan Cruz, City Manager
Kristina Santana, City Clerk
Hal Ghafari, Assistant City Engineer
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