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action additional alleged amended amount appellant applied arrest attorney authority benefits Board Cal.Rptr California cause charged City Civil claim Code section commission complaint conclude condition conduct considered constitutional contends contract conviction costs counsel County crime Criminal damages decision defendant defendant's denied determination dismiss district effect employee ERISA established evidence fact factual failed failure federal fees filed finding further granted hearing held imposed injury intent interest issue judge judgment judicial jury liability limited matter motion notice offense officer opinion party person petition plaintiff present prior Procedure proceedings provides pursuant question reasonable record refused Relations Reports request Respondent result reversed Rptr rule specific statement statute subd subdivision summary Superior Court supra testified testimony tion trial court verdict witness