Cal. Pub. Records Research, Inc. v. Cnty. of Alameda
249 Cal. Rptr. 3d 828
Cal. Ct. App. 5th2019Background
- Alameda County increased its Clerk‑Recorder copy fee from $1.50 to $3.50 per page by ordinance in 2010 based on 2009–2010 fee studies that calculated direct and indirect per‑page costs.
- County studies used a per‑page time estimate (2.68 minutes) for a Clerk‑Recorder Specialist III to compute direct labor ($1.42) and included various indirect overhead items, yielding a per‑page cost of $3.60 (and $4.08 in a 2010 update).
- California Public Records Research, Inc. (CPRR) sued in 2014 seeking writ of mandate under Code Civ. Proc. § 1085, arguing the fee exceeded permissible direct and indirect costs under Gov. Code § 27366 and was therefore unlawful (and alternatively an unconstitutional tax).
- The trial court granted the writ, concluding the County’s inclusion of broad indirect costs was arbitrary and capricious under its reading of § 27366; it denied the constitutional claim and later entered a preliminary injunction and awarded attorney fees to CPRR.
- The Court of Appeal reversed: it held § 27366 permits counties to include a broader range of indirect costs (legislative history removed the OMB Circular limitation), and the County’s fee-setting was not an abuse of discretion; the injunction and fee award were vacated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper scope of "indirect costs" under Gov. Code § 27366 | Indirect costs must be limited to costs reasonably attributable to providing copies (Stanislaus test) | § 27366 authorizes a broader set of indirect/overhead costs; Legislature omitted OMB Circular limitation | Court: "indirect costs" ambiguous; legislative history shows counties were given broader discretion; OMB Circular limit not carried into § 27366, so wider range permissible |
| Whether County's cost calculations violated § 27366 | County included "over‑inclusive" indirect costs that do not fairly reflect cost of providing copies | County relied on fee studies (followed OMB/established accounting methods) showing per‑page direct + indirect costs supporting $3.50 | Court: CPRR failed to prove the County’s calculations violated § 27366; County declarations showed compliance with accounting standards; petitioner bears burden |
| Whether the County abused its discretion in setting $3.50 per page | Flat per‑page charge is excessive (e.g., high cost for longer documents); decision arbitrary or capricious | Fee based on per‑page study; $3.50 within neighboring counties’ range; reasonable policy choice | Court: Not arbitrary or capricious; deferential review applies and reasonable minds may disagree; upheld County decision |
| Consequences of reversing writ (injunction & attorney fees) | (implicit) relief should remain if underlying ruling stands | If writ reversed, injunction and fee award must be vacated | Court: Because writ reversed, injunction and fee award vacated and judgment to be entered for County |
Key Cases Cited
- California Public Records Research, Inc. v. County of Stanislaus, 246 Cal.App.4th 1432 (discusses limiting indirect costs to those reasonably related to providing copies)
- California Public Records Research, Inc. v. County of Yolo, 4 Cal.App.5th 150 (interprets "indirect costs" broadly to include governmental overhead)
- American Coatings Assn. v. South Coast Air Quality Mgmt. Dist., 54 Cal.4th 446 (explains deference and review standards for quasi‑legislative agency actions)
- Pitts v. Perluss, 58 Cal.2d 824 (standard for mandamus review of quasi‑legislative acts)
- Turnbull & Turnbull v. ARA Transportation, Inc., 219 Cal.App.3d 811 (discussion of "reasonably related" allocation of indirect/fixed overhead costs)