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action alleged amended appellant appellant's application approval Attorney authority Board Cal.Rptr California cause cause of action charged circumstances City claim Code section committed complaint concluded concurring conduct considered constitutional contends contract conviction counsel County crime Criminal Law custody damages decision defendant defendant's denied Department determination dismissal easement effect employees entitled established evidence fact fees filed finding further granted grounds guilty hearing held injury instructions intent interest involved issue Judge judgment judicial jurisdiction jury limited matter means motion noted offense officer opinion parties Penal Code person petition petitioners plaintiffs police present prior proceeding prosecution protection provides question reasonable received record Reports request Respondent result rule sentence statement statute subd subdivision substantial sufficient Superior Court supra Supreme Court term testimony tion tort trial court victim violation witness writ