Is a Port Agent a state officer for purposes of the CPRA?

California, United States of America


The following excerpt is from Pac. Merch. Shipping Ass'n v. Bd. of Pilot Comm'rs for the Bays of San Francisco, 195 Cal.Rptr.3d 358, 242 Cal.App.4th 1043 (Cal. App. 2015):

In the appellate writ proceeding, we held that the Port Agent was a state officer for purposes of the CPRA. We noted, "it was the Port Agent ... who argued for immunity from suit based on his status as a government official when assigning or supervising pilots.... The doctrine of judicial estoppel, sometimes referred to as the doctrine of preclusion of inconsistent positions, "prevents a party from asserting a position in a legal proceeding that is contrary to a position previously taken in the same or some earlier proceeding." (Jackson v. County of Los Angeles (1997) 60 Cal.App.4th 171, 181 [70 Cal.Rptr.2d 96] ) []... [] ... The Port Agent fails to explain why one

[242 Cal.App.4th 1051]

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