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alleged Amelco Amendment appellant apply Attorney Bill Lockyer Cal.4th Cal.App.4th Cal.Rptr Cal.Rptr.2d California Constitution cause of action circumstances Citation City claim committed complaint conclude conduct constitutional contract counsel County court held Court of Appeal crime Criminal Law damages decision defendant defendant's demurrer determine disclosure due process evidence fact felony filed hearing officer Hotel imposed injury instruction insurer intent issue judgment jurors jury jury nullification legislative Legislature limitations Marentez motion murder negligence offense opinion parole parties Penal Code section penalty person petition plaintiffs police prison probable cause hearing probation Procedure proceedings prosecution punishment pursuant reasonable record reoffend rule S.Ct sentence sexually violent predator statute statutory strict products liability stun belt subd subdivision Superior Court supra Supreme Court term testified three strikes law tion tort Trader Joe's transferred intent trial court victim violation Welf Wutzke