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action affirmed agency agreement alleged Amendment amount appellant applied approval arrest association attorney authority award Cal.Rptr California cause challenge charged City claim Code section complaint conclude conduct considered constitutional contract conviction costs counsel County crime criminal damages decision defendant defendant's denied Department determine directed duty effect established evidence fact failed fees filed finding further granted hearing held holding injury instruction intent interest involved issue judge judgment judicial jury limitations matter means ment motion notice officers opinion party payment period person petition plaintiffs present prior Procedure proceedings prosecution protection question reasonable record Respondent result rule secured specific statements statute statutory subd subdivision summary Superior Court supra Supreme Court testified testimony tion tort treatment trial court violation witness