Click Here To Read The City of San Clemente Lawsuit

1 JEFFREY V. DUNN, Bar No. 131926 Exempt from Filing Fee per Govt.
jeffrey.dunn@bbklaw.com Code Section 6103

2 CHRISTOPHER M. PISANO, Bar No. 192831
christopher.pisano@bbklaw.com
3 BEST BEST & KRIEGER LLP
18101 Von Karman Avenue, Suite 1000
4 Irvine, California 92612
Telephone: (949) 263-2600
5 Facsimile: (949) 260-0972
6 Attorneys for Petitioner

CITY OF SAN CLEMENTE
7
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA

10 COUNTY OF ORANGE
11
12 CITY OF SAN CLEMENTE, Case No. 30-2018-01000331-CU-WM-CJC

13 Petitioner, VERIFIED PETITION FOR WRIT OF
MANDAMUS; COMPLAINT FOR
14 v. INJUNCTIVE AND DECLARATORY
RELIEF
15 FOOTHILL/EASTERN
TRANSPORTATION CORRIDOR [Public Records Act; Gov. Code § 6258]
16 AGENCY, a Joint Powers Agency; SAN
JOAQUIN HILLS TRANSPORTATION Judge: Judge James Crandall
17 CORRIDOR AGENCY, a Joint Powers Dept.
Agency; and DOES 1 through 10, inclusive
18
Respondents.
19
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55452.02134\31220701.3
VERIFIED PETITION FOR WRIT OF MANDAMUS

1 INTRODUCTION
2 1. Under the California Public Records Act (Government Code sections 6250 et
3 seq.), Petitioner City of San Clemente (“Petitioner”) petitions this Court for a writ of mandate
4 directed to Respondents Foothill/Eastern Transportation Corridor Agency and San Joaquin Hills
5 Transportation Corridor Agency (collectively “Respondents”) to produce documents and to
6 respond to Petitioner’s Public Records Act request in a manner that complies with the California
7 Public Records Act (“CPRA”).
8 2. On March 13, 2018, Petitioner, through its Deputy City Clerk, Laura Campagnolo,
9 sent a CPRA request to Respondents pursuant to Government Code section 6250 et seq. The
10 request included, among other things, consulting agreements involving Respondents
18101 VON KARMAN AVENUE, SUITE 1000
11 Foothill/Eastern Transportation Corridor Agency (F/ETCA), and San Joaquin Hills

BEST BEST & KRIEGER LLP
IRVINE, CALIFORNIA 92612
12 Transportation Corridor Agency (SJHTCA); invoices related to these agreements; all

LAW OFFICES OF
13 documentation related to expenses, reimbursements and stipends made by and to board members
14 for F/ETCA and SJHTCA; and all documentation related to expenses and reimbursements made
15 to Michael Kraman, the Chief Executive Officer of Respondent. Petitioner specifically requested
16 documents for the period of January 1, 2015, through March 12, 2018.
17 3. The CPRA request was directed to Respondents’ Clerk of the Board, Martha
18 Ochoa, who acknowledged receipt of the request on March 23, 2018. Respondents also requested
19 clarification regarding the scope of a particular category of the CPRA and indicated that
20 Respondents would respond by April 3, 2018.
21 4. Despite repeated attempts to follow up with Respondents and to provide clarifying
22 information, Petitioner never received any documents and never received any response indicating
23 Respondents would comply with the CPRA and/or withhold documents based on an exemption.
24 PARTIES AND VENUE
25 5. Petitioner City of San Clemente is a municipal corporation organized pursuant to
26 California law and the California Constitution.
27 6. Upon information and belief, Respondents F/ETCA and SJHTCA are joint public
28 authorities formed pursuant to the Joint Exercise of Powers Act, Government Code section 6500
55452.02134\31220701.3 -2-
1 et seq., and Respondents plan, finance, construct and operate Orange County toll roads. F/ETCA
2 and SJHTCA. Respondents are collectively known as “Transportation Corridor Agencies (TCA).”
3 TCA operates in Orange County, California, with its principal office located in the City of Irvine.
4 Respondents exist pursuant to a Joint Exercise of Powers Agreement (as amended) by and among
5 its members. Respondents are government agencies within the scope of the CPRA, and may be
6 compelled to release improperly withheld public records. (See Gov. Code § 6252(a).)
7 7. The names and capacities of Does 1 through 10 are currently unknown to the
8 Petitioner. It is alleged on information and belief that Does 1 through 10 are employees, agents,
9 appointed officials, departments or subcontractors of Respondents. It is alleged on information

10 and belief that Does 1 through 10 are not necessary or indispensable parties within the meaning of
11 Code of Civil Procedure section 389, because complete relief can be achieved through a lawsuit
12 against Respondents.
LAW OFFICES OF
13 PUBLIC ACT REQUESTS AND RESPONSES
14 8. Petitioner re-alleges all previous paragraphs as if fully set forth herein.
15 9. On March 13, 2018, on behalf of Petitioner, Deputy City Clerk Laura Campagnolo
16 sent a CPRA request to Respondents as the TCA.
17 10. Among other things, the CPRA request involved 10 categories of documents and
18 included the following: “(1) Any and all consulting agreements with the Transportation Corridors
19 Agencies (TCA), including, without limitation, lobbying agreements, public affairs consulting
20 agreements, public relations consulting agreements, polling agreements, for the period of January
21 1, 2015[,] through March 12, 2018, including without limitation, any and all agreements with
22 Venture Strategic, Gable Public Relations, Canyon Strategies and Pringle and Associates.” The
23 CPRA request also included the following: “(2) Any and all invoices for (1) above received
24 and/or paid for the period of January 1, 2015 [,] through March 12, 2018.” Categories 3, 4, 5, and
25 6, included requests for the consulting agreements involving Foothill/Eastern Transportation
26 Corridor Agency (F/ETCA) and San Joaquin Hills Transportation Corridor Agency (SJHTCA),
27 and associated invoices. Categories 7, 8 and 10 requested documents related to expenses and
28 monthly stipends paid to the board members of F/ETCA and SJHTCA, while category 9
55452.02134\31220701.3 -3-
1 requested documents related to expenses and/or reimbursements paid to Respondent Chief
2 Executive Officer Michael Kraman. A true and correct copy of the CPRA request is attached
3 hereto as Exhibit “1,” and is incorporated by reference herein.
4 11. On or about March 23, 2018, Martha Ochoa, Clerk of the Board for Respondents,
5 responded on “Transportation Corridor Agencies” letterhead to the CPRA request. In her written
6 response, she acknowledged that she was responding on behalf of both F/ETCA and SJHTCA,
7 which she referred to collectively as the “Agencies.” Ms. Ochoa sought an extension pursuant to
8 Government Code section 6253(c)(2). In addition, Ms. Ochoa sought clarification on the scope of
9 the requests, and she stated that Respondents would provide a response by April 3, 2018. A true
10 and correct copy of Respondents’ response letter is attached hereto as Exhibit “2,” and is
11 incorporated by reference herein.

12 12. On April 10, 2018, on behalf of Petitioner, Ms. Campagnolo sent an email to Ms.
LAW OFFICES OF
13 Ochoa, wherein Ms. Campagnolo provided clarification as to the scope of the requests, and Ms.
14 Campagnolo also pointed out that the April 3rd deadline had expired, and Respondents had not
15 provided a response. Ms. Campagnolo indicated that she was looking forward to receiving a
16 response soon. A true and correct copy of Ms. Campagnolo’s email is attached hereto as Exhibit
17 “3,” and is incorporated by reference herein.
18 13. On April 16, 2018, on behalf of Respondents, Ms. Ochoa responded to Ms.
19 Campagnolo via email, wherein she requested that Petitioner provide a “thumb drive” to transfer
20 the responsive documents. Ms. Ochoa also requested clarification on the desired time frame for
21 category 10. On April 26, 2018, Ms. Campagnolo mailed a “thumb drive” to Ms. Ochoa, and on
22 behalf of Petitioner Ms. Campagnolo also provided clarification as to the desired time frame for
23 category no. 10. A true and correct copy of the April 16 and April 26, 2018 email exchange
24 between Ms. Ochoa and Ms. Campagnolo is attached hereto as Exhibit “4,” and is incorporated
25 by reference herein.
26 14. On May 23, 2018, having received no further communication from Respondents,
27 Ms. Campagnolo sent another email to Ms. Ochoa. Ms. Campagnolo re-confirmed that she had
28 sent the “thumb drive” by mail on April 26th, and she requested an update. A true and correct
55452.02134\31220701.3 -4-
1 copy of Ms. Campagnolo’s email is attached hereto as Exhibit “5,” and is incorporated by
2 reference herein.
3 15. On June 5, 2018, after receiving no response, Petitioner’s City Attorney, Scott
4 Smith, sent a letter to Ms. Ochoa, wherein he requested a response, and provided a new deadline
5 of June 12, 2018. A true and correct copy of the letter from the City Attorney is attached hereto
6 as Exhibit “6,” and is incorporated by reference herein
7 16. As of the date of this Petition, Petitioner has not received any response documents
8 or any other written response from Respondents identifying a particular basis on which they
9 would withhold responsive public records.

10 FIRST CAUSE OF ACTION
11 WRIT OF MANDAMUS AND INJUNCTIVE AND DECLARATORY RELIEF

12 17. Petitioner re-alleges all previous paragraphs as if fully set forth herein.
LAW OFFICES OF
13 18. Among other provisions of the CPRA, Respondent have violated Government
14 Code section 6253, which provides, in pertinent part, that “[e]xcept with respect to public records
15 exempt from disclosure by express provisions of law, each state or local agency, upon request for
16 a copy of records that reasonably describes an identifiable records or records, shall make the
17 records promptly available to any person.”
18 19. Further, Government Code section 6258 provides: “Any person may institute
19 proceedings for injunctive or declarative relief or writ of mandate in any court of competent
20 jurisdiction to enforce his or her right to inspect or to receive a copy of any public record or class
21 of public records under this chapter.”
22 20. Respondents have failed to respond in a manner required by law to respond and
23 produce the requested documents.
24 21. Petitioner is entitled to a peremptory writ of mandamus pursuant to Government
25 Code section 6258 ordering Respondents to respond in a manner that complies with Government
26 Code section 6253, including the provision of a general description of documents that it may be
27 withholding based on exemptions or privileges, if any.
28
55452.02134\31220701.3 -5-
1 22. Petitioner is entitled to injunctive relief ordering Respondents to provide all
2 documents responsive to the Petitioner’s CPRA request.
3 23. Petitioner is entitled to a declaration from the Court that Respondents’ responses to
4 the CPRA requests are not compliant with the CPRA and that Respondents have failed to comply
5 with the CPRA by failing to timely produce all non-exempt documents.
6 24. Petitioner is entitled to a finding that it was a successful party in the litigation for
7 compelling Respondents to send a response after litigation was filed, and Petitioner is further
8 entitled to an award of its costs and reasonable attorneys’ fees. (See Gov. Code § 6259(d).)
9
10 WHEREFORE, Petitioner prays for the following:
11 1. For a peremptory writ ordering Respondents to properly respond to Petitioner’s

12 March 13, 2018, CPRA request in a manner that complies with the CPRA;
LAW OFFICES OF
13 2. For injunctive relief ordering Respondents to produce the documents requested in
14 Petitioner’s March 13, 2018, CPRA request;
15 3. For declaratory relief that Respondents violated the CPRA by not stating, in
16 writing, whether each or any of Petitioner’s CPRA requests, was denied in whole or part;
17 4. For declaratory relief that Respondents violated the CPRA by not producing
18 responsive documents;
19 5. For reasonable attorney’s fees and costs pursuant to Government Code section
20 6259 and/or Code of Civil Procedure section 1021.5;
21 6. For costs of suit incurred herein, and;
22 7. For such additional and further relief as the court deems just and proper.
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55452.02134\31220701.3 -6-
Exhibit 1
City of San Clemente
City Clerk
Laura Campagnolo, Deputy City Clerk
Phone: (949) (949) 361-8301 Fax: (949) (949) 361-8309
campagnolol@san-clemente.org
Sent via email only: mochoa@thetollroads.com
March 13, 2018
Martha Ochoa
The Toll Roads of Orange County
125 Pacifica
Irvine, CA 92618
Re: California Public Records Act Request(s)
Dear Ms. Ochoa:
This letter serves as a formal Public Records Request for the following information:
1. Any and all consulting agreements with the Transportation Corridors Agencies
(TCA), including, without limitation, lobbying agreements, public affairs consulting
agreements, public relations consulting agreements, polling agreements, for the
period of January 1, 2015 through March 12, 2018, including, without limitation,
any and all agreements with Venture Strategic, Gable Public Relations, Canyon
Strategies and Pringle and Associates.
2. Any and all invoices for (1) above received and/or paid for the period of January
1, 2015 through March 12, 2018.
3. Any and all consulting agreements with the Foothill/Eastern Transportation
Corridor Agency (F/ETCA) Transportation Corridors Agency (F/ECTA), including,
without limitation, lobbying agreements, public affairs consulting agreements,
public relations consulting agreement, polling agreements, for the period of
January 1, 2015 through March 12, 2018, including, without limitation, any and all
agreements with Venture Strategic, Gable Public Relations, Canyon Strategies
and Pringle and Associates.
1, 2015 through March 12, 2018.
5. Any and all consulting agreements with the San Joaquin Hills Transportation
Corridor Agency (SJHTCA), including, without limitation, lobbying agreements,
public affairs consulting agreements, public relations consulting agreement,
polling agreements, for the period of January 1, 2015 through March 12, 2018,
including, without limitation, any and all agreements with Venture Strategic,
Gable Public Relations, Canyon Strategies and Pringle and Associates.
1, 2015 through March 12, 2018.
City Clerk 100 Avenida Presidio San Clemente, CA 92672

http://san-clemente.org
City of San Clemente Page 2
7. Any and all expenses, including, without limitation, any travel, lodging,
entertainment or other expenses, paid for each board member for the
Foothill/Eastern Transportation Corridor Agency (F/ETCA), including receipts or
other background documentation for them.
8. Any and all expenses and or reimbursements, including, without limitation, any
travel, lodging, entertainment or other expenses paid for each board member for
the San Joaquin Hills Transportation Corridor Agency (SJHTCA), including
receipts or other background documentation for them.
9. Any and all expenses and/or reimbursements, including, without limitation, any
travel, lodging, entertainment or other expenses for Michael Kraman, CEO,
including receipts or other background documentation for such expenses. Any
and all expenses and/or reimbursements, including, without limitation, any travel,
lodging, entertainment or other expenses paid by Michael Kraman and all
F/ETCA and SJHTCA Board Members for entertainment, advertisements, and/or
sponsorships.
10. Any and all Monthly stipends and all other expenses paid for all F/ETCA and
SJHTCA Board members.
In accordance with Section 6253 (c), please contact me within ten (10) days of your
receipt of this request.
Sincerely,
Laura Campagnolo
Laura Campagnolo
Deputy City Clerk
Exhibit 2
Exhibit 3
From: Campagnolo, Laura <CampagnoloL@san-clemente.org>
Sent: Tuesday, April 10, 2018 1:23 PM
To: Ochoa, Martha
Subject: RE: Public Records Request
In response to your letter of March 23, 2018, the City would like information only as it relates to South County Traffic
Relief Efforts.
Also, you letter noted that you expected to have a response on the remaining document no later than April 3, however,
we have not yet received any responsive documents or correspondence since your email of March 23, 2018. I look
forward to hearing from you soon.
Thank you.
____________________________________________________________________________________________________
Laura Campagnolo | Deputy City Clerk
100 Avenida Presidio | San Clemente, CA 92672
 (949) 361-8301|  (949) 361-8309|  campagnolol@san-clemente.org
From: Ochoa, Martha [mailto:mochoa@thetollroads.com]

Sent: Friday, March 23, 2018 5:36 PM
To: Campagnolo, Laura <CampagnoloL@san-clemente.org>
Dear Ms. Campagnolo:
Attached please find TCA’s response to your California Public Records Act request dated March 13, 2018.
Regards,
Martha M. Ochoa
Clerk of the Board
Transportation Corridor Agencies
(949) 754-3402 office
mochoa@thetollroads.com
www.thetollroads.com
CONFIDENTIALITY NOTE - This message is intended only for the use of the individual or entity named above and may contain
information that is confidential, legally privileged, and/or exempt from disclosure under applicable law. If you are not the intended
recipient, you are hereby notified that any dissemination, distribution, or duplication of any portion of this message is strictly
prohibited. If you receive this message in error, please notify the sender immediately at the e-mail address provided above. Thank you.
Exhibit 4
From: Campagnolo, Laura [mailto:CampagnoloL@san-clemente.org]
Sent: Thursday, April 26, 2018 9:39 AM
To: Ochoa, Martha
Martha:
Thank you for your email. We would like the search terms for “10. Any and all Monthly stipends and all other expenses
paid for all F/ETCA and SJHTCA Board members.” To be from January 2013 to present.
A flash drive is in the mail to you today.
Thank you.
Laura
____________________________________________________________________________________________________
910 Calle Negocio | San Clemente, CA 92673
From: Ochoa, Martha [mailto:mochoa@thetollroads.com]

Sent: Monday, April 16, 2018 3:54 PM
To: Campagnolo, Laura <CampagnoloL@san-clemente.org>
Ms. Campagnolo,
Thank you for your response dated April 10, 2018. Can you please provide me a thumb-drive so that I can provide you
the responsive documents that I have available to produce.
In addition, can you please provide clarification for the following item. Is there a timeframe?
“10. Any and all Monthly stipends and all other expenses paid for all F/ETCA and SJHTCA Board members.”
Thank you.
Martha M. Ochoa
Clerk of the Board
(949) 754-3402 office
www.thetollroads.com
1
Exhibit 5
From: Campagnolo, Laura [mailto:CampagnoloL@san-clemente.org]
Sent: Wednesday, May 23, 2018 10:36 AM
To: Ochoa, Martha
Hi Martha:
Just following up to check the status of our Public Records Request. I mailed the flash drive to you on April 26, 2018 and
have not yet received a response. I’d very much appreciate an update.
Thank you.
Laura Campagnolo
____________________________________________________________________________________________________
910 Calle Negocio | San Clemente, CA 92673
1
Exhibit 6
Indian Wells Riverside
(760) 568-2611 (951) 686-1450
Los Angeles Sacramento
(213) 617-8100 (916) 325-4000
Manhattan Beach San Diego
(310) 643-8448 (619) 525-1300
Ontario 18101 Von Karman Avenue, Suite 1000, Irvine, CA 92612 Walnut Creek
(909) 989-8584 Phone: (949) 263-2600 | Fax: (949) 260-0972 | www.bbklaw.com (925) 977-3300
Washington, DC
(202) 785-0600
Scott C. Smith
(949) 263-6561
scott.smith@bbklaw.com
File No. 55452.01200
June 5, 2018
VIA EMAIL ONLY

Attn: Martha M. Ochoa
Clerk of the Board
125 Pacifica, Ste. #100
Irvine, CA 92618-3304
Re: City of San Clemente Public Records Act Request, dated March 13, 2018
Dear Ms. Ochoa:
This law firm serves as City Attorney for the City of San Clemente (“City”). This letter
relates to the City’s request for public records from the Transportation Corridor Agencies
“TCA”). For nearly three months, TCA has failed to fulfill the City’s request. Therefore, the
City demands that TCA comply with the Public Records Act (“PRA”) by providing the City with
responsive documents by June 12, 2018.
The City’s March 13 letter requested 10 categories of documents. Among other things, it
asked for:
1. Any and all consulting agreements with the Transportation Corridors Agencies (TCA),
including, without limitation, lobbying agreements, public affairs consulting agreements,
public relations consulting agreements, polling agreements, for the period of January 1,
2015 through March 12, 2018, including, without limitation, any and all agreements with
Venture Strategic, Gable Public Relations, Canyon Strategies and Pringle and Associates.
2. Any and all invoices for (1) above received and/or paid for the period of January 1, 2015
through March 12, 2018.
On April 10, the City clarified that its requests for consulting agreements relate to the South
Orange County Traffic Relief Effort. TCA responded on April 16 as follows: “Can you please
provide me a thumb drive so that I can provide you the responsive documents that I have
available to produce.” The City sent TCA a thumb drive via mail on April 26, 2018. After
receiving no response, the City followed-up on May 23 asking for an update. To date, TCA has
55452.02132\31183260.1
Martha Ochoa
June 5, 2018
Page 2
neither responded nor provided any records to the City. Thus, the City referred this matter to the
City Attorney’s Office.
As TCA may be aware, Government Code section 6258 provides: “Any person may
institute proceedings for injunctive or declarative relief or writ of mandate in any court of
competent jurisdiction to enforce his or her right to inspect or to receive a copy of any public
record or class of public records under this chapter.” If the City is forced to file a suit to obtain
documents from TCA and the City prevails, the City will seek all of its attorney’s fees in
bringing the action. (Gov. Code § 6259(d).)
However, the City’s purpose is to resolve this issue amicably. Therefore, the City
requests that TCA release records responsive to the City’s March 13 PRA request (with records
updated through May 31, 2018) by close of business on Tuesday, June 12th. If these records are
not produced by that time, we will seek the City Council’s authorization in closed session that
evening to initiate proceedings to compel their immediate production.
Sincerely,
Scott C. Smith
of BEST BEST & KRIEGER LLP
City Attorney
Encl: City’s March 13, 2018 PRA request
55452.02132\31183260.1
City Clerk
Laura Campagnolo, Deputy City Clerk
Phone: (949) (949) 361-8301 Fax: (949) (949) 361-8309
campagnolol@san-clemente.org
Sent via email only: mochoa@thetollroads.com
March 13, 2018
Martha Ochoa
The Toll Roads of Orange County
125 Pacifica
Irvine, CA 92618
Re: California Public Records Act Request(s)
Dear Ms. Ochoa:
This letter serves as a formal Public Records Request for the following information:
1. Any and all consulting agreements with the Transportation Corridors Agencies
(TCA), including, without limitation, lobbying agreements, public affairs consulting
agreements, public relations consulting agreements, polling agreements, for the
period of January 1, 2015 through March 12, 2018, including, without limitation,
any and all agreements with Venture Strategic, Gable Public Relations, Canyon
Strategies and Pringle and Associates.
1, 2015 through March 12, 2018.
3. Any and all consulting agreements with the Foothill/Eastern Transportation
Corridor Agency (F/ETCA) Transportation Corridors Agency (F/ECTA), including,
without limitation, lobbying agreements, public affairs consulting agreements,
public relations consulting agreement, polling agreements, for the period of
January 1, 2015 through March 12, 2018, including, without limitation, any and all
agreements with Venture Strategic, Gable Public Relations, Canyon Strategies
and Pringle and Associates.
1, 2015 through March 12, 2018.
5. Any and all consulting agreements with the San Joaquin Hills Transportation
Corridor Agency (SJHTCA), including, without limitation, lobbying agreements,
public affairs consulting agreements, public relations consulting agreement,
polling agreements, for the period of January 1, 2015 through March 12, 2018,
including, without limitation, any and all agreements with Venture Strategic,
Gable Public Relations, Canyon Strategies and Pringle and Associates.
1, 2015 through March 12, 2018.
City Clerk 100 Avenida Presidio San Clemente, CA 92672

http://san-clemente.org
City of San Clemente Page 2
7. Any and all expenses, including, without limitation, any travel, lodging,
entertainment or other expenses, paid for each board member for the
Foothill/Eastern Transportation Corridor Agency (F/ETCA), including receipts or
other background documentation for them.
8. Any and all expenses and or reimbursements, including, without limitation, any
travel, lodging, entertainment or other expenses paid for each board member for
the San Joaquin Hills Transportation Corridor Agency (SJHTCA), including
receipts or other background documentation for them.
9. Any and all expenses and/or reimbursements, including, without limitation, any
travel, lodging, entertainment or other expenses for Michael Kraman, CEO,
including receipts or other background documentation for such expenses. Any
and all expenses and/or reimbursements, including, without limitation, any travel,
lodging, entertainment or other expenses paid by Michael Kraman and all
F/ETCA and SJHTCA Board Members for entertainment, advertisements, and/or
sponsorships.
10. Any and all Monthly stipends and all other expenses paid for all F/ETCA and
SJHTCA Board members.
In accordance with Section 6253 (c), please contact me within ten (10) days of your
receipt of this request.
Sincerely,
Laura Campagnolo
Laura Campagnolo
Deputy City Clerk
1 VERIFICATION
2 I, Laura Campagnolo, declare:
3 1. I am Deputy City Clerk for the City of San Clemente and am responsible for
4 sending the Public Records Act dated March 13, 2018, to Transportation Corridor Agencies.
5 2. I have read the above Petition for Writ of Mandamus and know the contents
6 thereof.
7 3. The same is true of my own knowledge, except for facts stated on information and
8 belief, and as to such facts I believe them to be true.
9 4. The exhibits attached to the complaint are true and correct copies of the Public
10 Record Act requested dated March 13, 2018, subsequent correspondence that I prepared and
11 responses that I received on behalf of the City of San Clemente, and correspondence made on the
12 City of San Clemente’s behalf by its counsel.

LAW OFFICES OF
13 5. I declare under penalty of perjury, under the laws of the State of California, that
14 the above is true and correct.
15 Executed the 19th day of June 2018, in San Clemente, CA.
16
Laura Campagnolo
17 Laura Campagnolo
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55452.02134\31220701.2

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1 JEFFREY V. DUNN, Bar No. 131926 Exempt from Filing Fee per Govt.

jeffrey.dunn@bbklaw.com Code Section 6103

6 Attorneys for Petitioner

9 SUPERIOR COURT OF THE STATE OF CALIFORNIA

12 CITY OF SAN CLEMENTE, Case No. 30-2018-01000331-CU-WM-CJC

VERIFIED PETITION FOR WRIT OF MANDAMUS

5 Transportation Corridor Agency (collectively “Respondents”) to produce documents and to

7 Public Records Act (“CPRA”).

11 Foothill/Eastern Transportation Corridor Agency (F/ETCA), and San Joaquin Hills

IRVINE, CALIFORNIA 92612

12 Transportation Corridor Agency (SJHTCA); invoices related to these agreements; all

21 4. Despite repeated attempts to follow up with Respondents and to provide clarifying

24 PARTIES AND VENUE

25 5. Petitioner City of San Clemente is a municipal corporation organized pursuant to

26 California law and the California Constitution.

9 appointed officials, departments or subcontractors of Respondents. It is alleged on information

IRVINE, CALIFORNIA 92612

13 PUBLIC ACT REQUESTS AND RESPONSES

14 8. Petitioner re-alleges all previous paragraphs as if fully set forth herein.

16 sent a CPRA request to Respondents as the TCA.

25 6, included requests for the consulting agreements involving Foothill/Eastern Transportation

3 hereto as Exhibit “1,” and is incorporated by reference herein.

11 incorporated by reference herein.

IRVINE, CALIFORNIA 92612

17 “3,” and is incorporated by reference herein.

6 as Exhibit “6,” and is incorporated by reference herein

9 would withhold responsive public records.

11 WRIT OF MANDAMUS AND INJUNCTIVE AND DECLARATORY RELIEF

IRVINE, CALIFORNIA 92612

17 records promptly available to any person.”

21 of public records under this chapter.”

23 produce the requested documents.

24 21. Petitioner is entitled to a peremptory writ of mandamus pursuant to Government

27 withholding based on exemptions or privileges, if any.

2 documents responsive to the Petitioner’s CPRA request.

5 with the CPRA by failing to timely produce all non-exempt documents.

11 1. For a peremptory writ ordering Respondents to properly respond to Petitioner’s

IRVINE, CALIFORNIA 92612

13 2. For injunctive relief ordering Respondents to produce the documents requested in

14 Petitioner’s March 13, 2018, CPRA request;

21 6. For costs of suit incurred herein, and;

March 13, 2018

Re: California Public Records Act Request(s)

Dear Ms. Ochoa:

City Clerk 100 Avenida Presidio San Clemente, CA 92672

From: Ochoa, Martha [mailto:mochoa@thetollroads.com]

Dear Ms. Campagnolo:

A flash drive is in the mail to you today.

From: Ochoa, Martha [mailto:mochoa@thetollroads.com]

VIA EMAIL ONLY

Transportation Corridor Agencies

Dear Ms. Ochoa:

Encl: City’s March 13, 2018 PRA request

March 13, 2018

Re: California Public Records Act Request(s)

Dear Ms. Ochoa:

City Clerk 100 Avenida Presidio San Clemente, CA 92672

8 belief, and as to such facts I believe them to be true.

IRVINE, CALIFORNIA 92612

12 City of San Clemente’s behalf by its counsel.

14 the above is true and correct.

15 Executed the 19th day of June 2018, in San Clemente, CA.

VERIFIED PETITION FOR WRIT OF MANDAMUS