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I provisions of this Act. The violations set forth above were proximity caused by the <br /> 2 customs, practices, policies and decisions of the defendants. <br /> 3 139. Unless this court issues a preliminary and permanent injunction enjoining <br /> 4 and restraining defendants, and each of them, and their agents, employees and <br /> 5 servants, from ordering, requiring, commanding, or taking any other action that will <br /> 6 result in violations of Plaintiffs' rights, Plaintiffs will suffer irreparable harm in that its/his <br /> 7 rights, as afforded by Government Code §3300, et seq., will be violated without any <br /> 8 remedy being afforded. <br /> 9 140. Plaintiffs have attempted, without success, to exhaust any and all <br /> 10 administrative remedies afforded to them to deal with these issues, but such efforts are <br /> 11 futile as the named defendants are the ones that make the final decisions via any <br /> 12 complaints, grievances or other administrative actions. Moreover, pursuant to <br /> 13 Government Code §3309.5, Plaintiffs are not required to exhaust administrative <br /> 14 remedies. <br /> 15 141. Plaintiff requests this court to award damages and attorney fees pursuant <br /> 16 to C.C.P. §1090 and 1095. <br /> 17 142. In bringing this action, Petitioners have sought enforcement of an important <br /> 18 right affecting the public interest which will result in the conferring of a significant benefit <br /> 19 upon a large class of persons, to wit, public employees, thereby entitling Petitioners to <br /> 20 an award of attorneys'fees pursuant to Code of Civil Procedure §1021.5. <br /> 21 143. The actions of defendants, and each of them, were arbitrary and capricious <br /> 22 and, therefore, Plaintiff is entitled to recover attorneys'fees pursuant to Government <br /> 23 Code §800. <br /> 24 THIRD CAUSE OF ACTION <br /> 25 Against All Defendants <br /> 26 Violation of Constitutional Right to Freedom of Speech <br /> 27 144. Plaintiffs Santa Ana Police Officers Association and Gerry Serrano for a <br /> 28 Third Cause of Action against all Defendants for violations of Plaintiffs' right to freedom <br /> i <br /> 32 <br /> COMPLAINT <br />