Doc# 294792

Los Angeles Unified School District OFFICE OF THE GENERAL COUNSEL

333 S. Beaudry Avenue, 20th

Floor, Los Angeles, CA 90017

TELEPHONE: (213) 241-7600; FACSIMILE (213) 241-3316

JOHN E. DEASY, Ph.D.

Superintendent of Schools

DAVID HOLMQUIST General Counsel

Via electronic mail

lac4justice@gmail.com

April 16, 2013

Luis A. Carrillo, Esq.

Law Offices of Luis A. Carrillo

1525 Fair Oaks Avenue

South Pasadena, CA 91030

Re: California Public Records Act Request # 0023527

Dear Mr. Carrillo:

The Los Angeles Unified School District (“LAUSD”) is in receipt of your Public Records

Act request dated March 20, 2013 in which you requested documents regarding written reports

and documents of a teacher “inappropriately touching girls at Island Elementary School and/or

George De La Torre Jr. Elementary School.” LAUSD is unable to comply with your specific

requests for the following reasons.

First, the information that you seek is expressly exempt from disclosure because it

consists of “records pertaining to pending litigation to which the public agency is a party.” Gov.

Code § 6254(b). The documents sought pertain to ongoing cases and claims in which LAUSD is

a party to the litigation. The records are exempt from disclosure “until the pending litigation or

claim has been finally adjudicated or otherwise settled.” Id.

Second, the information that you seek consists of attorney-client and attorney work

product information that is protected from disclosure pursuant to Government Code § 6254,

subsection (k) which provides in relevant part:

Except as provided in Sections 6254.7 and 6254.13, nothing in this chapter shall

be construed to require disclosure of records that are any of the following [ ]

[r]ecords, the disclosure of which is exempted or prohibited pursuant to federal or

state law, including, but not limited to, provisions of the Evidence Code relating

to privilege.

Gov. Code § 6254(k); see also Evid. Code § 952; Civ. Proc. Code § 2018.030.

Third, the information that you seek is exempt from disclosure, pursuant to Government

Code § 6254(k), by the mediation confidentiality statutes, Evidence Code § 1115, et seq.,

Luis A. Carrillo, Esq.

California Public Records Act Request # 0023527

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Doc# 294792

specifically including Evidence Code Section 1119 which bars the disclosure of communications

and writings associated with a mediation. Ms. Del Cueto’s and Ms. Diaz’s communications and

writings with respect to Island Elementary School and/or George Del La Torre Jr. Elementary

School were made in connection with mediation and are thus exempt from disclosure.

Fourth, the information that you seek is exempt from disclosure by Government Code §

6254(c), which protects personnel records of former teacher Robert Pimentel and others. See

Government Code § 6254(c) (exempting from disclosure “[p]ersonnel, medical, or similar files,

the disclosure of which would constitute an unwarranted invasion of personal privacy”).

Fifth, LAUSD has determined that, given the nature of the matters indentified in your

request, the public interest served by not disclosing certain information in the records clearly

outweighs the public interest served by disclosure of that information. See Gov. Code

§ 6255.

Sixth, the requests seeking all “related” documents are extremely broad and vague.

LAUSD is willing to work with you to provide appropriate documents, but requests that you

identify the records or that you seek.

Finally, many of these requests involve confidential and private matters such that

production may be better suited for litigation with a protective order in place. Since you already

have litigation pending, we ask that you consider seeking to have the documents produced in the

context of that litigation.

Otherwise, in light of the confidential and privileged nature of the information sought in

your current requests, LAUSD is unable to provide you with the information sought. If you wish

to discuss the matter further please do not hesitate to contact me at (213) 241-2812. Please refer

to the following reference number in any correspondence regarding this request: # 0023527.

Sincerely,

Kimberly Towns

Paralegal