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1 Plaintiffs further seek all available monetary damages and statutory penalties. For those <br /> 2 acts not yet included in a filed and/or acted upon Government Tort Claim, Plaintiffs <br /> 3 seek injunctive and/or mandamus remedies. <br /> 4 150. The above articulated violations were proximately caused by City's <br /> 5 deliberate indifference to its employees' violations law, and the failure to train and <br /> 6 control its officers and representatives on the provisions of law referenced above. The <br /> 7 violations set forth above were proximity caused by the customs, practices, policies and <br /> 8 decisions of the defendants. <br /> 9 151. Unless this court issues a preliminary and permanent injunction enjoining <br /> 10 and restraining defendants, and each of them, and their agents, employees and <br /> 11 servants, from ordering, requiring, commanding, or taking any other action that will <br /> 12 result in violations of Plaintiffs' rights, Plaintiffs will suffer irreparable harm in that its/his <br /> 13 rights will be violated without any remedy being afforded. <br /> 14 152. Plaintiffs have attempted, without success, to exhaust any and all <br /> 15 administrative remedies afforded to them to deal with these issues, but such efforts are <br /> 16 futile as the named defendants are the ones that make the final decisions via any <br /> 17 complaints, grievances or other administrative actions. <br /> 18 153. Plaintiffs request this court to award damages and attorney fees as <br /> 19 provided by law, including pursuant to C.C.P. §1090 and 1095. <br /> 20 154. In bringing this action, Petitioners have sought enforcement of an important <br /> 21 right affecting the public interest which will result in the conferring of a significant benefit <br /> 22 upon a large class of persons, to wit, public employees, thereby entitling Petitioners to <br /> 23 an award of attorneys' fees pursuant to Code of Civil Procedure §1021.5. <br /> 24 155. The actions of defendants, and each of them, were arbitrary and capricious <br /> 25 and, therefore, Plaintiff is entitled to recover attorneys' fees pursuant to Government <br /> 26 Code §800. <br /> 27 FOURTH CAUSE OF ACTION <br /> 28 Against All Defendants <br /> 34 <br /> COMPLAINT <br />