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action affirmed agreement alleged amended Angeles appeal application attorney authority benefits Cal.Rptr California cause charged City claim Code section complaint concluded conduct constitutional contention contract conviction counsel County criminal damages decision defendant defendant's denied determine directed dismissal district duty effect employee entitled escrow evidence fact failed federal filed finding follows further granted hearing held holding injury instructions Insurance interest involved issue judge judgment jurisdiction jury Labor liability limited matter ment motion negligence notice officer operation opinion party payments permit person petition petitioner plaintiff present prior Procedure proceedings protection question reasonable received record referred relating respect Respondent result Rptr rule S.Ct secured statement statute subd substantial Superior Court supra Supreme Court tion tort trial court United violation