Records request for CA DMV (Department of Motor Vehicles)

Mario Diaz filed this request with the Department of Motor Vehicles of California.
Multi Request Records request for CA DMV
Est. Completion Feb. 1, 2021
Status
Fix Required

Communications

From: Mario Diaz


To Whom It May Concern:

Pursuant to the California Public Records Act, I hereby request the following records:

Sources: DMV staff and California Board of Control, Government Claims program (but not limited to)
All records including but not limited to, emails, internal memos, letters, notes, meeting minutes, court records, court
preparation materials, defendant notebooks, court forms, and court filings which are related to the following two small
claims court cases (San Diego, CA) as follows:
SS118457 Judgement rendered on September 6, 2001; Complaint date July 31, 2001
Mario Diaz Vs California DMV
37-2019-00060990-SC-SC-CTL : Claim Filed on 11/18/2019; Hearing date 03/02/2020

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.

Sincerely,

Mario Diaz

From: Department of Motor Vehicles

January 28, 2021

RE PRA 20-00287

Dear Mr. Diaz

The California Department of Motor Vehicles hereby acknowledges your two email correspondences, received 1/20/2021 and 1/27/2021, requesting records pursuant to the California Public Records Act (Cal. Govt, Code sections 6250, et seq.)

Your first correspondence was sent on January 19, 2021 at 6:09 pm to Mr. Rand of this office, not January 17 as suggested in your email below. It was sent after hours, and therefore not "received" by this office until January 20, 2021. Ten days from January 20 is January 30, which is a Saturday, and we are closed on Saturdays. Therefore, our initial response to you is due on Monday February 1, 2021. You will hear from us on that date.

Enjoy your weekend.

Joseph J. Spataro
Attorney, Legal Affairs Division
Department of Motor Vehicles

Tel: (916) 657-6469
Fax: (916) 657-6243

CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication.

From: Department of Motor Vehicles

February 1, 2021

Mario Diaz c/o Muck Rock

SENT VIA EMAIL: requests@muckrock.com

Re: Public Records Act Request
PRA 20-00287

Dear Mr. Diaz

The California Department of Motor Vehicles further acknowledges receipt of your email sent on January 19, 2021 and received in this office on January 20, 2021 requesting records pursuant to the California Public Records Act (Government Code section 6250 et seq.).

Government Code section 6253, subdivision (c), allows the Department a fourteen (14) day extension to respond to a California Public Records Act request due to a possible need to compile data, write programming language or a computer program, or construct a computer report to extract data.

Accordingly, the Department will inform you of its decision within fourteen (14) days from the date of this communication.

Thank you.

Joseph J. Spataro
Attorney, Legal Affairs Division
Department of Motor Vehicles

Tel: (916) 657-6469
Fax: (916) 657-6243

CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication.

From: Department of Motor Vehicles

February 16, 2021

SENT VIA EMAIL: requests@muckrock.com

Mario A Diaz
MuckRock News
DEPT MR 107050
411A Highland Ave
Somerville, MA 02144-2516

Re: Public Records Act Request
PRA 21-00287

Dear Mr. Diaz:

The California Department of Motor Vehicles further acknowledges receipt of your email, received on January 20, 2021, requesting the following records pursuant to the California Public Records Act (Government Code section 6250 et seq.).

"Pursuant to the California Public Records Act, I hereby request the following records:

Sources: DMV staff and California Board of Control, Government Claims program (but not limited to) All records including but not limited to, emails, internal memos, letters, notes, meeting minutes, court records, court preparation materials, defendant notebooks, court forms, and court filings which are related to the following two small claims court cases (San Diego, CA) as follows: SS118457 Judgement rendered on September 6, 2001; Complaint date July 31, 2001
Mario Diaz Vs California DMV 37-2019-00060990-SC-SC-CTL : Claim Filed on 11/18/2019; Hearing date 03/02/2020."

The requested documents will be made available to the general public, and this request is not being made for commercial purposes."

Records responsive to your request have been retrieved. California Government Code Section 6253, subdivision (b), provides that the state agency make the identifiable public records available "upon payment of fees covering the direct costs of duplication, or a statutory fee, if applicable." California Vehicle Code section 1811 allows the Department of Motor Vehicles to charge "at least the entire actual cost to the department of the copies." See also Shippen v. DMV (1984) 161 Cal.App.3d 1119.

The requested records will be produced upon receipt of a check in the amount of seven dollars and fifty cents ($7.50) payable to the DMV for the statutory fee. Please remit payment to:

Department of Motor Vehicles
Legal Affairs Division, C-128
P.O. Box 932382
Sacramento, CA 94232-3820
Attention: JOSEPH J. SPATARO

Other documents are still being evaluated by the Department and an update will be provided by the end of this week.

Thank you.

Joseph J. Spataro
Attorney, Legal Affairs Division
Department of Motor Vehicles

Tel: (916) 657-6469
Fax: (916) 657-6243

CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication.

From: Department of Motor Vehicles

February 18, 2021

VIA EMAIL: requests@muckrock.com

Mario A Diaz
MuckRock News
DEPT MR 107050
411A Highland Ave
Somerville, MA 02144-2516

Re: Public Records Act Request
PRA 21-00287

Dear Mr. Diaz:

As a follow up to our email on February 16, 2021, the California Department of Motor Vehicles further responds to your email, received on January 20, 2021, requesting records pursuant to the California Public Records Act (Government Code section 6250 et seq.).

To reiterate, records responsive to your request have been retrieved and can be produced to you upon receipt of a check in the amount of seven dollars and zero cents ($7.00), not $7.50 as previously stated. California Government Code Section 6253, subdivision (b), provides that the state agency make the identifiable public records available "upon payment of fees covering the direct costs of duplication, or a statutory fee, if applicable." California Vehicle Code section 1811 allows the Department of Motor Vehicles to charge "at least the entire actual cost to the department of the copies." See also Shippen v. DMV (1984) 161 Cal.App.3d 1119. Please remit payment to:

Department of Motor Vehicles
Legal Affairs Division, C-128
P.O. Box 932382
Sacramento, CA 94232-3820
Attention: JOSEPH J. SPATARO

Please note that confidential residence address information and/or any telephone numbers or driver license numbers must be redacted under the California Public Records Act (Government Code sections 6254.1(b) and 6254(k); Vehicle Code section 1808.21; the Information Practices Act, Civil Code sections 1798.3, 1798.24, and 1798.29; the Driver's Privacy Protection Act, Public Law 103-322, 18 U.S.C. sections 2721-2725; and the Right of Privacy under the California Constitution, Article I, Section 1.).

In addition, some documents identified as responsive to your request are exempt because the Department has determined that the public interest in withholding such documents outweighs the public interest in disclosure. These documents contain deliberations between and within the DMV Legal Office and another division regarding registration fees and policies, as well as a litigation strategy outline and notes, that are subject to exemption to protect the free flow of information between the DMV Legal Department and other divisions within the DMV, including senior officials, and to prevent any chilling effect on the candor of such deliberations or production of such materials. (See Government Code section 6255; Times Mirror Co. v. Superior Court (1991) 53 Cal.3d 1325.) Here, the exemption is justified because the DMV Legal Department would be stifled in representing the Department in litigation if such materials became publicly available. The person responsible for making this determination is Joseph Chapman, Assistant Chief Counsel of the Legal Affairs Division for the California Department of Motor Vehicles

Thank you.

Joseph J. Spataro
Attorney, Legal Affairs Division
Department of Motor Vehicles

Tel: (916) 657-6469
Fax: (916) 657-6243

CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication.

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