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SDPOA v. SAN DIEGO POLICE DEPT.

No. D031470.

90 Cal.Rptr.2d 6 (1999)

76 Cal.App.4th 19

SAN DIEGO POLICE OFFICERS ASSOCIATION et al., Plaintiffs and Appellants, v. SAN DIEGO POLICE DEPARTMENT et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division One.

Review Denied January 19, 2000.

Attorney(s) appearing for the Case

Everett L. Bobbitt, San Diego, and Sanford A. Toyen, for Plaintiffs and Appellants.

Casey Gwinn, City Attorney, Anita M. Noone, Assistant City Attorney, and Penny L. Castleman, Deputy City Attorney, for Defendants and Respondents.

McINTYRE, J.

San Diego Police Officers Association and Garry Collins (SDPOA) appeal from a judgment discharging a writ of mandamus and granting attorney fees. The primary issue on appeal is whether Penal Code section 148.6 (hereafter section 148.6) applies in situations other than when a citizen makes an allegation of misconduct by a police officer during the performance of his or her duties. We hold it does not. Additionally, we hold that the award of attorney fees...

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