Perkins Coie California Land Use & Development Law Report – Building Industry Challenges Public Art Requirements

The California Land Use & Development Law Report
Legal Commentary on Planning and Development

We’ve posted articles to our California Land Use & Development Law Report on developments that we think will be of interest to you. Our report publishes articles on recent legal and policy developments in the field of land use, environmental impact review, and permitting, and presents an easy way to keep current. You can choose to subscribe so that you don’t miss a single article.
Court Rejects “Gotcha” Theory of Waiver Under Public Records Act

A California appellate court has ruled that inadvertent disclosure of documents containing attorney-client communications in response to a Public Records Act request does not result in a waiver of the privilege.Newark Unified School District v. Superior Court, No. A142963 (1st Dist. Ct. App., August 1, 2015). A contrary interpretation, the court concluded, would not advance the purposes of the statute and would create an irreconcilable conflict with Evidence Code section 912, under which accidental disclosure of attorney-client information does not constitute a “disclosure” triggering its waiver provisions.
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