Rains Lucia Stern St. Phalle & Silver

California's premier full-service law firm with an emphasis on the representation of peace officers in disciplinary, criminal, labor, workers' compensation, personal injury and other civil matters.

  • About Us
  • Practice Areas
    • Labor Representation
    • Civil Litigation
    • Personal Injury
      • Example of Case Results
    • Workers’ Compensation
    • Maritime Law
    • Estate Planning
    • DOE Security Clearance Hearings
    • Peace Officers
    • Firefighters
    • EMS Agency Investigations
    • Criminal Defense
    • CalPERS Appeals
  • Our Team
  • Classes
  • Media
    • Bulletins
    • RLS in the News
  • Resources
    • Links
    • Resources
    • Newsletters
  • Clients
  • Career Opportunities
  • Contact Us
  • Disclaimer

Statement from Rains Lucia Stern St. Phalle & Silver regarding Senate Bill 1421

January 2, 2019 by Hien Nguyen

FOR IMMEDIATE RELEASE
January 2, 2019

Statement from Rains Lucia Stern St. Phalle & Silver, PC regarding Senate Bill 1421

“On January 2, 2019, the California Supreme Court denied the Petition for Writ of Mandate and Request for Stay filed by the San Bernardino County Sheriff’s Employees’ Benefit Association (“SEBA”), which sought to restrain the County of San Bernardino from retroactively applying Senate Bill 1421 respecting the disclosure of peace officer personnel records under the Public Records Act. Specifically, SEBA sought injunctive relief on behalf of its represented peace officers to preserve their statutory and constitutional right to privacy and confidentiality to records which had been subject to important procedural protections for nearly 40 years.

Unfortunately, the California Supreme Court issued a summary denial of the requested relief without explanation or reasoning. The Court’s action was simply a decision to decline to exercise its original jurisdiction in this matter. The Court did not adjudicate the merits of the case, nor did it issue any legal precedent regarding the issues raised. Interested parties are free to litigate this matter in local courts. In fact, we anticipate exactly this scenario – it is possible that numerous lawsuits will be pursued by peace officer labor organizations in local courts throughout the state to prevent public agencies from releasing confidential information which is prohibited by law. The possibility of multiple lawsuits being filed and litigated in numerous counties throughout the state, and the potential for conflicting decisions at the Superior Court level was the impetus for the action we filed on behalf of SEBA.

On December 31, 2018, the Los Angeles Superior Court granted the Los Angeles Police Protective League’s Application for a Stay Order filed by this firm against the City of Los Angeles and Police Chief from retroactively enforcing Senate Bill 1421 which would result in the disclosure of peace officer personnel records and information regarding incidents occurring prior to the legislation’s effective date of January 1, 2019. The legal arguments we advanced on behalf of the League were virtually identical to those which the Supreme Court declined to hear or consider before the issue was litigated in lower courts. The Superior Court hearing on the League’s lawsuit will be conducted on February 5, 2019.”

Disclaimer: Case law and analysis can change over time. The information in this article is accurate as of the date the article was written and should not constitute legal advice. Always consult with an attorney.

Filed Under: Bulletins Tagged With: brian ross, elizabeth-s-tourgeman, Jacob A Kalinski, joseph-r-lucia, michael-l-rains, richard-a-levine, rockne-a-lucia-jr, timothy-k-talbot, zachery-a-lopes

Consultation Form

Offices across California to serve you.
Contact us now to schedule a consultation.
Contact form not loading? Click here!
Rains Lucia Stern St. Phalle & Silver, PC publishes this website as a service to our clients and other friends for informational purposes only. It is not intended to be used as a substitute for specific legal advice or opinions, and the transmission of information through this website is not intended to create an attorney-client relationship between sender and receiver. Internet subscribers and online readers should not act upon this information without seeking professional counsel.

© 2023 Rains Lucia Stern St. Phalle & Silver, PC. All Rights Reserved. | Disclaimer

We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept”, you consent to the use of ALL the cookies.
Do not sell my personal information.
Cookie settingsACCEPTREJECT
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT
  • Contact Us

  • News Alerts

Official logo for Rains Lucia Stern St. Phalle & Silver
Rains Lucia Stern St. Phalle & Silver Logo
  • About Us
  • Practice Areas
    ▼
    • Labor Representation
    • Civil Litigation
    • Personal Injury
      ▼
      • Example of Case Results
    • Workers’ Compensation
    • Maritime Law
    • Estate Planning
    • DOE Security Clearance Hearings
    • Peace Officers
    • Firefighters
    • EMS Agency Investigations
    • Criminal Defense
    • CalPERS Appeals
  • Our Team
  • Classes
  • Media
    ▼
    • Bulletins
    • RLS in the News
  • Resources
    ▼
    • Links
    • Resources
    • Newsletters
  • Clients
  • Career Opportunities
  • Contact Us
  • Disclaimer
Hotline phone numbers. Northern California: 925-609-1699. Southern California: 310-393-1486.