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California Court of Appeal


Marken v. Santa Monica-Malibu Unified School District, B231787

In a suit by a public school teacher who had been investigated for sexually harassing a student, requesting a preliminary injunction against disclosure of his personnel records to a parent of a student at the school, the district court's denial of the request is affirmed and the parent's appeal from denial of an ex parte application to intervene in the action is dismissed, where: 1) a person has the right to file a "reverse-CPRA action" seeking a judicial ruling precluding the holder of confidential public records concerning that person from disclosing the documents; but 2) the trial court properly denied the request for a preliminary injunction because the public interest in disclosure of the investigation report and letter of reprimand outweighed the teacher's privacy interest; and 3) the appeals court did not have jurisdiction to review the denial of the application to intervene.

Appellate Information

  • Decided 01/24/2012
  • Published 01/24/2012

Judges

  • Perluss

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Trygstad, Schwab & Trygstad, Atkinson, Andelson, Loya, Ruud & Romo

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