RECENT CALIFORNIA DECISIONS

June 2008

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Third District Court Holds Irrigation District Could Not Depose LAFCO Commissioners to Discover Information Relating to the Commission’s Denial of Its Application
San Joaquin Local Agency Formation Commission v. Superior Court of San Joaquin County, ___Cal.App.4th__ _

On April 22, 2008, the Third District Court of Appeal held that because extra record evidence is not admissible in an action challenging a quasi-legislative administrative decision and because permitting discovery would violate the deliberative process privilege, a disappointed applicant cannot depose the commissioners of a local agency formation commission (LAFCO) to learn what extra record information the commissioners had when they denied its application.