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55 Cal.Rptr action affirmed agreement alleged amended amount appellant application attorney authority award California cause cause of action charged City claim Code Company complaint conclusion condition conduct considered constitutional construction contract conviction corporation counsel County Criminal damages decision defendant defendant's denied determination Dist district duty easement effect employee entered evidence execution existence fact filed finding further given granted ground hearing held injury instructions interest involved issue judge judgment jury liability limitations loan matter ment motion negligence notice offense officer opinion party period person petition plaintiff present prior probation proceedings question reasonable received record References relation Respondent result rule specific statute sufficient Superior Court supra sustained testified testimony tion tort trial court trust vehicle witness