California Public Records Act (CPRA) Demand Letter Guide

📋 What is a CPRA Demand?

The California Public Records Act (CPRA), Government Code Section 6250-6270, gives every person the right to access public records held by state and local government agencies. When an agency improperly denies, delays, or ignores your records request, you can demand compliance and, if necessary, sue for the records and recover your attorney fees.

Types of Records Covered

📄 Written Documents

Reports, memos, letters, emails, meeting minutes, contracts, policies, permits, applications, budgets, audits

💻 Electronic Records

Databases, spreadsheets, emails, text messages, recordings, body camera footage, GIS data, software

📷 Visual/Audio Records

Photos, videos, surveillance footage, 911 recordings, voicemails, meeting recordings

💰 Financial Records

Expenditure reports, payroll, vendor contracts, expense reimbursements, pension records

👍 Your Rights Under CPRA

10-day response - Agency must determine whether records exist within 10 days
Prompt disclosure - Disclosable records must be provided promptly
No purpose required - You don't have to explain why you want records
Reasonable fees - Agencies can only charge direct duplication costs
Attorney fees - If you win in court, the agency pays your legal costs

Common Reasons for CPRA Violations

🚫 Improper Exemption Claims

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Agencies sometimes claim exemptions that don't apply or are overly broad. Common improperly claimed exemptions include: deliberative process (limited in California), attorney-client privilege (often waived or inapplicable), and "ongoing investigation" (must be specific, not blanket). You can challenge improper exemptions in court.

🕐 Unreasonable Delays

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While agencies can extend the 10-day deadline for "unusual circumstances," they cannot delay indefinitely. Extensions must be for a defined period (up to 14 additional days typically). Excessive delays or failure to provide estimated completion dates violate CPRA.

💰 Excessive Fee Demands

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Agencies can only charge for direct duplication costs - typically $0.10-0.25 per page. They cannot charge for staff time to search for or review records. Demanding high fees to discourage requests violates CPRA. Electronic records should be provided at minimal cost.

🔒 Failure to Segregate

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Even if some information is exempt, the agency must redact exempt portions and release the rest. Withholding entire documents because of a few exempt sentences is improper. The agency must explain what exemption applies to each redaction.

⚠ No Statute of Limitations for CPRA

Unlike most claims, there is no strict statute of limitations for CPRA actions. However, the longer you wait, the harder it may be to prove the agency still has the records. Act promptly when requests are denied.

⚖ Legal Basis

The California Public Records Act creates a strong presumption of public access to government records.

Key CPRA Statutes

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Government Code Section 6253 - Right of Access

Every person has the right to inspect public records. Agencies must make records "promptly available." Records must be provided within 10 days of request, with extensions only for unusual circumstances. Agency must assist in identifying responsive records.

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Government Code Section 6254 - Exemptions

Lists specific exemptions including: personnel records, pending litigation files, law enforcement investigative files, attorney-client privilege, trade secrets, and certain privacy protections. Exemptions are construed narrowly; disclosure is the default.

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Government Code Section 6258 - Court Enforcement

Any person can file a lawsuit to enforce CPRA. Court proceedings are given priority. Court may order disclosure and award costs and attorney fees to prevailing plaintiff. Court reviews records in camera (privately) to determine if exemptions apply.

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Government Code Section 6259 - Attorney Fees

If the requester prevails in CPRA litigation, the court SHALL award costs and reasonable attorney fees. This fee-shifting provision makes CPRA enforcement economically viable. Agencies cannot avoid fees by producing records after suit is filed.

Agencies Covered by CPRA

🏛 State Agencies

All California state agencies, boards, commissions, departments, and constitutional offices

🏠 Local Agencies

Cities, counties, school districts, special districts, and joint powers authorities

👥 Legislative Bodies

City councils, boards of supervisors, planning commissions, school boards

💼 Private Entities

Private entities performing government functions may be subject to CPRA

Challenging Improper Withholding

Send written demand - Cite CPRA sections and demand compliance within stated deadline
Request specific justification - Ask agency to cite specific exemption for each withheld record
Challenge overbroad exemptions - Many exemptions are discretionary; argue for disclosure
Demand segregation - Require redaction of exempt portions, not wholesale withholding
File petition - Sue under Gov. Code 6258 for court enforcement

💡 The Public Interest Balancing Test

For many exemptions, courts balance the public interest in disclosure against the interest in withholding. Even if an exemption technically applies, the public interest may favor disclosure. Argue that transparency serves democratic accountability and the public's right to know.

✅ Evidence Checklist

Document your CPRA request and the agency's response carefully.

📩 Your Request

✓Copy of your written CPRA request
✓Proof of delivery (email receipt, certified mail)
✓Date request was submitted
✓Name of agency and person contacted

📄 Agency Response

✓Agency's written response (if any)
✓Date response was received
✓Cited exemptions (if records withheld)
✓Fee estimate (if demanded)

🕐 Timeline Documentation

✓Calendar showing 10-day deadline
✓All follow-up correspondence
✓Extension notices (if any)
✓Days elapsed without response

💰 Cost Documentation

✓Fees paid (if any)
✓Attorney fees incurred
✓Time spent pursuing request
✓Any other costs incurred

🔒 Make All Requests in Writing

Always submit CPRA requests in writing (email is fine) and keep copies. Oral requests are valid but hard to prove. Written requests create a clear paper trail for enforcement and attorney fee claims.

💰 Calculate Your Damages

CPRA provides for attorney fees to successful requesters, making enforcement economically viable.

Category	Description
Attorney Fees	Reasonable fees for all work on the CPRA case, including demand letters and litigation
Litigation Costs	Filing fees, service costs, deposition costs, expert fees
Fee Refunds	Excessive fees improperly collected by the agency
Court Order	Injunction requiring disclosure of withheld records

💡 Mandatory Attorney Fee Award

Under Government Code 6259(d), if you prevail in CPRA litigation, the court "shall award" costs and reasonable attorney fees. This is mandatory, not discretionary. Agencies cannot avoid fee awards by producing records after you file suit - "catalyst" theory applies.

📊 Sample CPRA Litigation Costs

Example: Successful CPRA Petition

Attorney fees (drafting demand, petition)$5,000

Attorney fees (court appearances, briefing)$12,000

Filing fees and service costs$500

Deposition/discovery costs$2,500

RECOVERABLE FROM AGENCY$20,000

📝 Sample Language

Copy and customize these paragraphs for your CPRA demand letter.

Initial CPRA Request

Pursuant to the California Public Records Act, Government Code Section 6250 et seq., I request access to and copies of the following public records: [DESCRIBE RECORDS SPECIFICALLY: all emails between [persons] regarding [topic] from [date] to [date]; all contracts with [vendor]; all inspection reports for [location]; etc.]. Please provide these records within 10 days as required by Government Code Section 6253(c). If any records are withheld, please identify each record withheld and the specific exemption claimed.

Demand After Non-Response

On [DATE], I submitted a California Public Records Act request to [AGENCY]. It has now been [NUMBER] days and I have received no response. Under Government Code Section 6253(c), you were required to respond within 10 days. Your failure to respond violates the CPRA. I demand that you provide all responsive records within [10] days of this letter. If you fail to do so, I will file a petition for writ of mandate under Government Code Section 6258 and will seek recovery of all attorney fees and costs pursuant to Section 6259.

Challenge to Improper Exemption

I dispute your claim that the requested records are exempt under [EXEMPTION CITED]. This exemption does not apply because [EXPLAIN: the records are not personnel records because they relate to job duties, not personal matters / the investigation has concluded and is no longer "pending" / the records do not contain trade secrets / etc.]. Even if portions of records are exempt, you must redact exempt portions and release the remainder under Government Code Section 6253(a). Please provide a privilege log identifying each withheld document and the specific basis for each exemption claim.

Fee Challenge

The fee estimate of $[AMOUNT] you provided is excessive and improper under CPRA. Government Code Section 6253(b) limits charges to "direct costs of duplication" only. You may not charge for staff time to search for or review records. The standard copying rate is $0.10-0.25 per page. For electronic records, the cost should be minimal (the cost of a thumb drive or email transmission). I demand an itemized breakdown justifying this fee, and a revised estimate consistent with CPRA's limitations.

Final Demand Before Litigation

This is my final demand for records responsive to my CPRA request dated [DATE]. You have [violated the 10-day response deadline / improperly claimed exemptions / demanded excessive fees]. If you do not provide all responsive non-exempt records within [14] days of this letter, I will file a verified petition for writ of mandate in [COUNTY] Superior Court. When I prevail, you will be required to pay my attorney fees and costs under Government Code Section 6259(d). This is a mandatory fee award that cannot be avoided. You can avoid this expense by complying with CPRA now.

🚀 Next Steps

What to do after sending your demand letter and how to file a CPRA lawsuit.

CPRA Litigation Process

📌 Filing a CPRA Petition

Under Government Code 6258, you file a "verified petition for writ of mandate" in Superior Court. The court may conduct an in camera (private) review of disputed records to determine if exemptions apply. CPRA cases are given calendar preference for prompt hearing.

Enforcement Timeline

Day 1

Submit written CPRA request

Day 10

Agency deadline to respond or request extension

Day 11-30

Send demand letter if no response or improper denial

Day 30+

File verified petition if agency still non-compliant

If the Agency Doesn't Comply

Send Formal Demand Letter - Put agency on notice of CPRA violation and intent to sue
File Verified Petition - Submit petition for writ of mandate to Superior Court
Request In Camera Review - Ask court to privately review disputed records
Seek Attorney Fees - After prevailing, move for fees under Section 6259(d)

Need Legal Help?

CPRA litigation can recover your attorney fees. Get a 30-minute strategy call with a public records attorney.

Book Consultation - $125

California Resources

First Amendment Coalition: firstamendmentcoalition.org - CPRA guides and hotline
California Newspaper Publishers: cnpa.com - Media law resources
California Courts Self-Help: selfhelp.courts.ca.gov - Writ petition forms
ACLU of California: aclunc.org - Civil liberties resources
State Bar Lawyer Referral: calbar.ca.gov - Find a public records attorney