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1 Defendant Ridge and/or Carvalho released copies of the punitive action to elected <br /> 2 Council members and media sources without complying with the legal requirements set <br /> 3 forth above. <br /> 4 185. The duty to obey the laws set forth in Penal Code § §832.5-832.8 and/or <br /> 5 Evidence Code §§1043-1046, is a ministerial duty and is not discretionary. By acting, <br /> 6 and failing to act, as set forth above, defendants have violated a ministerial duty. <br /> 7 Moreover, the acts and/or omissions of defendants, set forth above, demonstrate that <br /> 8 defendants' failure to comply with Penal Code §§832.5-832.8 and/or Evidence Code <br /> 9 §1043-1046 was illegal as a matter of law under Government Code section 1222, which <br /> 10 makes a public officer's "willful omission to perform any duty enjoined by law" a <br /> 11 misdemeanor. <br /> 12 186. As a result of Defendants' unlawful action, Plaintiff Serrano has suffered <br /> 13 and will continue to suffer distress, suffering, anguish, fright, nervousness, grief, <br /> 14 anxiety, worry, shame, mortification, injured feelings, shock, humiliation and indignity, <br /> 15 damages to reputation, and other non-economic damages, in a sum to be ascertained <br /> 16 according to proof. Said damages are of the type that any person would suffer as result <br /> 17 of the illegal and wrongful conduct of Defendants; Plaintiff does not claim that he has <br /> 18 suffered any psychiatric illness as a result of the conduct of Defendants. <br /> 19 187. Plaintiffs have no plain, speedy or adequate remedy under the law. <br /> 20 Plaintiffs have attempted to exhaust all administrative remedies to redress the violation <br /> 21 of their rights. <br /> 22 188. Plaintiffs request this court to award ancillary damages pursuant to C.C.P. <br /> 23 §1090 and 1095. <br /> 24 189. The actions of defendants, and each of them, were arbitrary and capricious <br /> 25 and, therefore, Plaintiffs are entitled to recover attorneys' fees pursuant to Government <br /> 26 Code §800. <br /> 27 190. The success of Plaintiffs in this action will result in the enforcement of an <br /> 28 important right affecting the public interest in that a significant benefit will be conferred <br /> 41 <br /> COMPLAINT <br />