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i e I burden of private enforcement of said benefit are such as to make appropriate the 2 award of attorney fees pursuant to California Code of Civil Procedure §1021.5. 3 4 SECOND CAUSE OF ACTION 5 AGAINST ALL DEFENDANTS 6 Negligence Per Se 7 41. Plaintiffs, Santa Ana Police Officers Association and Doe Officers for a 8 Second Cause of Action against all Defendants for damages for Negligence Per Se re- 9 allege paragraphs 1 through 40, as though set forth fully, and further allege as follows: 10 42. As alleged above, the defendants, and each of them, violated a statute 11 enacted for the purposes of providing safety to sworn peace officers through the 12 maintenance of certain records as confidential. 13 43, Defendants' violations of law caused the plaintiffs injury alleged herein. 14 44. Defendants' actions in violating the laws cited herein caused the kind of 15 harm the statute was designed to prevent, and the plaintiffs were and are member of 16 the statute's protected class. 17 45. Based on violation of Penal Code §832.5-§832.8, Plaintiff bring a 18 negligence per se claim as Defendants, and each of them, violated section 832.7 by 19 publicly disclosing Doe Officers confidential personnel records without appropriate 20 procedures and/or judicial review, and in failing to abide by the statute, defendants and 21 each of them are presumed negligent. 22 46. Plaintiffs allege that Defendants undertook the above actions in order to 23 promote its/their/his wish to vex, annoy, or injure another person, or an intent to do a 24 wrongful act. Defendants knew or should have known that by taking the above actions, 25 the Plaintiffs and/or his/her career in law enforcement would be harmed. Defendants 26 are believed to have a history and pattern of violating officers rights under Penal Code 27 §§832.5-832.8 and/or Evidence Code §§1043-1046. 28 47. As a direct result of Defendants' behavior, Plaintiffs have and will continue 10 COMPLAINT