Who will prevail? NCJ or City of Eureka?

http://www.rcfp.org/california-open-government-guide/ii-exemptions-and-other-legal-limitations/exemptions-open-records-4

https://www.google.com/url?q=http://www.calaware.org/downloads/Top10_CPRAExemptions.pdf&sa=U&rct=j&ved=0ahUKEwiR9b3xq9HMAhUJMSYKHfxDBuUQFggcMAE&usg=AFQjCNGigNwvvbD3zocm2tOOcsTa_lm_iw

Excerpt from second link:

5. Litigation documents may be withheld while the case is alive.
Government Code §6254, subd. (b) exempts “Records pertaining to pending litigation to which
the public agency is a party, or to claims …, until the pending litigation or claim has been finally
adjudicated or otherwise settled.” This exemption includes communications between the agency and its
attorney, which are privileged in any event as long as the agency wishes to assert the privilege (see 8
below). Otherwise, “a document is protected from disclosure only if it was specifically prepared for use
in litigation.” City of Hemet v. Superior Court, 37 Cal.App.4th 1411 (1995) The claim itself is not
exempt. Poway Unified School District v. Superior Court, 62 Cal.App.4th 1496 (1998) And when a case has been fully adjudicated (no appeal possible) or settled, records covered by this exemption that are not
communications between the agency and its attorney—for example, communications between the agency
and the other party—become accessible to the public.