What is the test for making records relating to litigation and claims available after adjudication or settlement?

California, United States of America

The following excerpt is from Poway Unified School Dist. v. Superior Court (Copley Press), 62 Cal.App.4th 1496, 73 Cal.Rptr.2d 777 (Cal. App. 1998):

"Records relating to [litigation and claims] are available after adjudication or settlement. This section, in effect, upholds the attorney-client privilege. Subsections (f) and (k) also contribute to the strength of that privilege."

The reference to the attorney-client privilege demonstrates an intent to protect only documents created by the public entity.

As explained in Roberts v. City of Palmdale (1993) 5 Cal.4th 363, 20 Cal.Rptr.2d 330, 853 P.2d 496:

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What is the test for making records relating to litigation and claims available after adjudication or settlement?

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