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Wash. Court of Appeals published opinion — 748254.PDF

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Wash. Court of Appeals published opinion — 748254.PDF
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Washington (state)
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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

No. 74825-4-1/8

under Neighborhood Alliance. But Rufin failed to present any evidence that

Maehara remembered, or even saw, the e-mail in question. Maehara's account

was not a place reasonably likely to find e-mails by or between Johnson, Kern,

Carrasco, Haynes, and/or the Law Department.

To determine whether a search is reasonable, we focus not on whether a

document exists that is responsive to the request, but on the nature of the search

process. We conclude that the trial court did not err in finding that the City

conducted a reasonable search in response to the September 28, 2012 request.

March 4, 2014 Request

Rufin argues that the trial court erred in finding that City Light responded

to her March 4, 2014 request in reasonable time. She contends that the court

should have considered whether City Light acted diligently to meet their self-

imposed deadline, rather than looking only at its diligence after the deadline.

If the trial court dismisses a claim as a matter of law on a CR 41(b)(3)

motion to dismiss, we review de novo whether the plaintiff presented a prima

facie case, viewing the evidence in the light most favorable to the plaintiff. In re

Dependency of Schermer, 161 Wn.2d 927, 939-40, 169 P.3d 452 (2007). An

agency must respond to a request for public records within five business days by

providing the records, denying the request, or providing a reasonable timeframe

within which to respond to the request. RCW 42.56.520. An agency need not

meet its estimated time of responding to a PRA request so long as it responds

with "reasonable thoroughness and diligence." Andrews v. Wash. State Patrol,