Court of Appeal Issues First Published Decision on Senate Bill 1421 and Retroactivity

This Special Bulletin was authored by J. Scott Tiedemann & Lars T. Reed Over the past three months, since California Senate Bill 1421 went into effect on January 1, 2019, numerous public agencies across California have been involved in litigation over whether the new law applies to records created before 2019. After conflicting decisions from various superior courts, some of which we discussed in a previous blog post, the California Court of Appeal has now issued the first published decision addressing this issue. The ruling comes in Walnut Creek Police Officers’ Association v. City of Walnut Creek et al., which was a consolidated appeal of six different lawsuits brought by peace officer unions against various public agencies in Contra Costa County.  The unions had each petitioned for injunctive relief limiting SB 1421 disclosures to records created after January 1, 2019. The superior court denied the petitions, and the unions challenged the ruling in the Court…

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