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action activity alleged Amendment App.4th appellant applied assault attorney authority Cal.4th Cal.App.4th Cal.Rptr Cal.Rptr.2d California cause charged City claim Code Code section commission committed concluded condition conduct considered constitute conviction counsel County crime criminal damages danger decision defendant defendant's deliberations denied determine duty easement effect elements establish evidence fact failed fees finding further granted hearing held imposed included injury instruction intent interest involved issue judge judgment juror jury Legislature liability limited matter meaning mental negligence noted notice offense officer opinion parties person petition plaintiffs present prior prior convictions Procedure proceedings protection pursuant question reasonable record request Respondent result risk rule sentence sexually specific standard statements statute statutory strike subd subdivision substantial Superior Court supra Supreme Court term tion tort trial court victim violation violent weapon