Laserfiche WebLink
1 to incurred harm, damages and attorney's fees in an effort to redress the damages <br /> 2 which he/she/it has sustained as a result of said Defendants' outrageous behavior. <br /> 3 48. Plaintiffs have no plain, speedy or adequate remedy under the law. <br /> 4 Plaintiffs have attempted to exhaust all administrative remedies to redress the violation <br /> 5 of their rights. Furthermore, if there were any administrative remedies, the Defendants <br /> 6 listed herein would be making the decisions; thus, exhaustion would have been futile. <br /> 7 49. Plaintiffs request this court to award ancillary damages pursuant to C.C.P. <br /> 8 §1090 and 1095. <br /> 9 50. The actions of defendants, and each of them, were arbitrary and <br /> 10 capricious and, therefore, Plaintiffs are entitled to recover attorneys' fees pursuant to <br /> 11 Government Code §800. <br /> 12 51. The success of Plaintiffs in this action will result in the enforcement of an <br /> 13 important right affecting the public interest in that a significant benefit will be conferred <br /> 14 on a large class of persons, that is, public employees, and the necessity and financial <br /> 15 burden of private enforcement of said benefit are such as to make appropriate the <br /> 16 award of attorney fees pursuant to California Code of Civil Procedure §1021.5. <br /> 17 <br /> 18 THIRD CAUSE OF ACTION <br /> 19 AGAINST ALL MUNICIPAL DEFENDANTS <br /> 20 Violation of Penal Code §832-Failure to Investigate Complaint(s) <br /> 21 52. Plaintiffs, Santa Ana Police Officers Association and Doe Officers for a <br /> 22 Third Cause of Action against Defendants Valentin, Ridge, City of Santa Ana, and <br /> 23 Santa Ana Police Department re-allege paragraphs 1 through 51, as though set forth <br /> 24 fully, and further allege as follows: <br /> 25 53. Penal Code 832.5(a) (1) provides "Each department or agency in this <br /> 26 state that employs peace officers shall establish a procedure to investigate complaints <br /> 27 by members of the public against the personnel of these departments or agencies, and <br /> 28 shall make a written description of the procedure available to the public." <br /> 11 <br /> COMPLAINT <br />