The City of Burbank’s website allows the public to submit requests for public records under the California Public Records Act. The City also maintains an email address where individuals can submit requests for public records. The City’s Department of Water and Power (DWP) maintains a separate website. The DWP’s website has a “Contact Us” button for the public to communicate with the DWP through either a phone number or a link to “Send us an Email.” The DWP website does not contain a link to the City’s website, nor any means to request public records.
A woman received a utility bill from DWP that she thought was in error. She accessed the DWP website to request her past bills under the California Public Records Act (CPRA). On January 9, 2023, she sent a records request via the “Contact Us” portal on the DWP website. She sent a second request on January 15, 2023, and a third request on March 3, 2023. She did not receive a response to any of her requests. On May 2, 2023, the woman posted a message on the social media application NextDoor complaining about the City’s failure to respond to her requests.
Thereafter, she received a phone call from a customer service representative, but the City did not send the requested records or an email extending its time to respond.
The woman sued on behalf of herself and similarly situated class members. Her lawsuit stated a single cause of action for violation of the California Constitution and the CPRA. The Superior Court concluded that the CPRA does not permit class claims and that the woman’s own claim was insufficient because the City provides a method for submitting CPRA requests through its main website. The woman appealed.
The California Court of Appeal agreed with the trial court that the CPRA does not allow for class claims because that law and the case law limit judicial relief to the person who requests the records. Also, the Court noted that permitting a class action in this case would not enhance public access to records because there was no indication that large numbers of people were being denied access to DWP public records. But, the Court of Appeal found the woman’s own claim was sufficient because she submitted a request for public records and the City failed to respond within the statutory period.
Di Lauro v. City of Burbank, 2025 Cal.App. LEXIS 265 (March 28, 2025).