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action administrative affirmed agency agreement alleged amended appellant apply association attorney authority benefit Cal.Rptr California cause charged City claim Code section committed conclude concurring condition constitutional contends contract conviction counsel County criminal damages decision defendant defendant's denied determination direct Dist district effect employees entitled established evidence examination existence fact failed fees filed finding further given granted hearing held included indicated injury instructions intent interest involved issue judge judgment jury liability limited matter motion notice offense officer opinion parties payment Penal period person petition petitioner plaintiff present prior probation proceedings prosecution protection pursuant question reasonable record release request Respondent result reversed rule sentence specific statement statute SUMMARY Superior Court supra Supreme Court teachers temporary testimony trial court violation witness