State of Calif. v. Superior Court CA2/5

Filed 1/20/16 State of Calif. v. Superior Court CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

STATE OF CALIFORNIA, B265930 (Los Angeles County Petitioner, Super. Ct. No. BS149154)

v.

THE SUPERIOR COURT LOS ANGELES COUNTY,

Respondent;

COLLEEN FLYNN,

Real Party in Interest.

PETITION from an order the Superior Court of Los Angeles County, Luis A. Lavin, Judge. Petition granted. Kamala Harris, Attorney General, Kathleen A. Kenealy, Chief Assistant Attorney General, Kristin G. Hogue, Senior Assistant Attorney General, Joel A. Davis, Supervising Deputy Attorney General, and Donna M. Dean, Deputy Attorney General, for Petitioner. Donald W. Cook for Real Party in Interest.

I. INTRODUCTION

Defendant, State of California, has filed a mandate petition challenging an order compelling disclosure of certain electronically stored data maintained by the California Department of Justice (justice department). The electronically stored data are CHP 180 forms maintained in the justice department’s Stolen Vehicle System database. Plaintiff, Colleen Flynn, sought before the respondent court to compel disclosure of these and other records pursuant to the California Public Records Act (public records act). (Gov. Code,1 § 6250 et seq.; see Copley Press, Inc. v. Superior Court (2006) 39 Cal.4th 1272, 1281, 1282.) The outcome of this appeal is controlled by the holding in County of Los Angeles v. Superior Court (2015) 242 Cal.App.4th 475, 481-489, hereafter County of Los Angeles. In addition to the analysis in County of Los Angeles, supra, we conclude the Legislature has carefully limited access to the Stolen Vehicle System database to specified agencies and persons. (§ 15153; Pen. Code, § 11105, subd. (b).) Because access to materials in the Stolen Vehicle System database has been so limited by the Legislature, they are unavailable to plaintiff. (§ 6254, subd. (k).) Thus, plaintiff is not entitled to disclosure of lost, found or recovered vehicles in the justice department’s Stolen Vehicle System database.