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action admissible adopt alleged amendment Appeal apply attorney authority Cal.Rptr California cause charged City claim Code committed compensation conclude condition conduct considered constitutional contract convicted counsel County crime criminal damages death decision defendant defendant’s denied determine direct duty effect employee established evidence existence fact failed federal filed finding granted hearing held holding initiative injury instruction intent interest involved issue judgment July jury Justice legislative Legislature liability limited matter motion murder negligence noted offenses offer officers opinion party payment penalty period permit person petitioner plaintiff present prior protection provides question rape rape trauma syndrome reasonable record regulations reports reservation Respondent result rule S.Ct special circumstance Standard statement statute statutory subd subdivision Superior Court supra testified testimony tion tort trial court United victim violation writ