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1 168. The above articulated violations were proximately caused by City's <br /> 2 deliberate indifference to its employees' violations law, and the failure to train and <br /> 3 control its officers and representatives on the provisions of law referenced above. The <br /> 4 violations set forth above were proximity caused by the customs, practices, policies and <br /> 5 decisions of the defendants. <br /> 6 169. Unless this court issues a preliminary and permanent injunction enjoining <br /> 7 and restraining defendants, and each of them, and their agents, employees and <br /> 8 servants, from ordering, requiring, commanding, or taking any other action that will <br /> 9 result in violations of Plaintiffs' rights, Plaintiffs will suffer irreparable harm in that its/his <br /> 10 rights will be violated without any remedy being afforded. <br /> 11 170. Plaintiffs have attempted, without success, to exhaust any and all <br /> 12 administrative remedies afforded to them to deal with these issues, but such efforts are <br /> 13 futile as the named defendants are the ones that make the final decisions via any <br /> 14 complaints, grievances or other administrative actions. <br /> 15 171. Plaintiff requests this court to award damages and attorney fees as <br /> 16 provided by law, including pursuant to C.C.P. §1090 and 1095. <br /> 17 172. In bringing this action, Plaintiffs 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 /> 21 173. 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 FIFTH CAUSE OF ACTION <br /> 25 Against City, Police Department, Valentin, Ridge and Carvalho <br /> 26 Violation of Penal Code 832.5-832.81Evidence Code §1043-1046 <br /> 27 174. Plaintiffs Santa Ana Police Officers Association and Gerry Serrano for a <br /> 28 Fifth Cause of Action against all Defendants for violations of Penal Code §§832.5-832.8 <br /> 38 <br /> COMPLAINT <br />