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3d Series aﬂirmed agency agreement alleged amendment American Art appellant appellantís application attorney beneﬁt Cal.Rptr California Digest cause certiﬁcation citation City cityís claim class action Classiﬁed to California Code Civ commission common law copyright compensation concurring constitutional contends conviction counsel County court held Court of Appeal Criminal Law damages defendantís deﬁned denied determine Dist district duty easement EBMUD employee evidence fact ﬁle ﬁled ﬁling ﬁnd ﬁnding ﬁre ﬁrst granted hearing inﬂuence injury instruction issue Judge judgment jury KNBC Legislature lesser included offense liability motion negligence oﬂicer oﬂicial ofthe opinion Penal Code section person petition petitioner plaintiff police probation Procedure proceedings prosecution provides public defender pursuant real parties reasonable record redevelopment relocation Respondent rule S.Ct speciﬁc Stanislaus County statement statute statutory subd subdivision suﬂicient Superior Court supra Supreme Court testiﬁed trial court vehicle verdict violation witness writ of mandate