Is a superior court order directing disclosure of public records a final judgment or order within the meaning of Section 904.1 of the Code of Civil Procedure?

California, United States of America


The following excerpt is from County of Los Angeles v. Superior Court, 82 Cal.App.4th 819, 98 Cal.Rptr.2d 564 (Cal. App. 2000):

A superior court order directing disclosure of public records held by a public agency "is not a final judgment or order within the meaning of Section 904.1 of the Code of Civil Procedure from which an appeal may be taken, but shall be immediately reviewable by petition to the appellate court for the issuance of an extraordinary writ." ( 6259, subd. (c ); Powers v. City of Richmond (1995) 10 Cal.4th 85, 115.) Appellate review of the order is "independent on issues of law, and follows the substantial evidence test with respect to any issues of fact. [Citation.]" (City of Hemet v. Superior Court (1995) 37 Cal.App.4th 1411, 1416 (City of Hemet).)

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