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.,
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specifically including Evidence Code Section 1119 which bars the disclosure of communications and writings associated with a mediation. Ms. Del Cuetos and Ms. Diazs 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

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