Privilege Waived In Inadvertent Disclosure Of Documents.

During litigation, a public entity inadvertently produced documents which appeared in its privilege log. When it discovered its mistake, the public entity demanded their return and an agreement the documents would not be relied upon in any way. The receiving party declined, contending the public entity waived any claim of privilege. The trial judge concluded that although the documents did not have to be disclosed under the Public Records Act [California Government Code sections 6250-6276.48], the privilege was waived under Government Code section 6254.5 once the documents were disclosed. In affirming, the appellate court discussed the difference between mistaken disclosure in typical discovery situations versus inadvertence under the Public Records Act. The Court of Appeal concluded: “We hold that disclosures pursuant to the PRA that are made inadvertently, by mistake or through excusable neglect are not exempted from the provisions of section 6254.5 that waive any privilege that would otherwise attach to the production.” (Ardon v. City of Los Angeles (Cal. App. Second Dist., Div. 4; December 10, 2014) 232 Cal.App.4th 175, [181 Cal.Rptr.3d 324].)