L.A. Times Communications v. Housley CA2/6
Appellants are media organizations reporting on the 2018 mass shooting at the Borderline Bar & Grill in Thousand Oaks. They challenge a preliminary injunction forbidding Real Party in interest County of Ventura (County) from releasing the autopsy reports of the eleven civilian victims. Respondents are family members of these victims and oppose disclosure.
Appellants contend the trial court erred by issuing a preliminary injunction based entirely on its belief that a bill pending in the California Legislature might later shield the autopsy reports from disclosure under the California Public Records Act (CPRA). (Gov. Code, § 6250 et seq.) We hold that while a trial court may consider a prospective change of law under narrow circumstances, such circumstances were not present here. The court erred when it issued the preliminary injunction without first assessing the probability of respondent families prevailing at trial under existing law.
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