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action adopted agreement alleged amend amount Appellant applicable arrest attorney authority Cal.Rptr California cause cause of action charged City Civil claim Code section Commission committed complaint conclusion condition conduct considered constitutional construction contention contract conviction counsel County criminal damages death decision defendant defendant's denied Department determination dismissal duty easement effect employees entitled established evidence existence fact federal fees filed findings further give granted hearing held injury instruction intent interest involved issue Judge judgment jury liability limited matter motion negligence offense officer opinion parents parties payment permit person plaintiff present prior Procedure proceedings prosecution protection question reasonable received record relating Respondent result Rptr rule statute subd substantial Superior Court supra testimony Torts treatment trial court trust United violation witness zoning