Elawyers Elawyers
Washington| Change

SIERRA CLUB v. SUPERIOR COURT OF ORANGE COUNTY, G044138. (2013)

Court: Court of Appeals of California Number: incaco20130930049 Visitors: 6
Filed: Sep. 30, 2013
Latest Update: Sep. 30, 2013
Summary: NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. OPINION IKOLA, J. Petitioner Sierra Club sought a writ of mandate from the superior court to compel Orange County to provide Sierra Club, under the Califor
More

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

OPINION

IKOLA, J.

Petitioner Sierra Club sought a writ of mandate from the superior court to compel Orange County to provide Sierra Club, under the California Public Records Act (PRA) (Gov. Code, § 6250 et seq.), a database called the OC Landbase in a geographic information system (GIS) format. The trial court denied Sierra Club's petition for writ of mandate after concluding that the OC Landbase in GIS file format was part of a computer mapping system exempt from disclosure under the PRA pursuant to the computer software exclusion set forth in Government Code section 6254.9, subdivision (a). We affirmed. The California Supreme Court reversed our judgment and remanded with directions that we remand to the trial court to issue a writ consistent with the California Supreme Court's opinion. (See Sierra Club v. Superior Court (2013) 57 Cal.4th 157.) We therefore remand to the trial court with directions to issue a writ of mandate compelling Orange County to provide Sierra Club with the OC Landbase in GIS format for a fee covering only the direct cost of duplication. We award costs incurred on appeal to Sierra Club.

O'LEARY, P. J. and MOORE, J., concurs.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer