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LOZADA v. CITY AND COUNTY OF SAN FRANCISCO

No. A111423.

52 Cal.Rptr.3d 209 (2006)

145 Cal.App.4th 1139

Paul R. LOZADA, Plaintiff and Appellant, v. CITY AND COUNTY OF SAN FRANCISCO et al., Defendants and Respondents.

Court of Appeal of California, First District, Division Two.

December 18, 2006.

Attorney(s) appearing for the Case

Philip J. Kaplan, Law Offices of Philip J. Kaplan, Los Angeles, for Appellant.

Silver, Hadden & Silver, Lawrence J. Friedman, Stephen H. Silver, Santa Monica, for Amicus Curiae, The Peace Officers' Research Association of California Legal Defense Fund, in Support of Appellant.

Dennis J. Herrera, City Attorney, Molly Stump, Chief Atty-Public Protection Team, David A. Carrillo, Katharine Hobin Porter, for Respondents.

Martin J. Mayer, Krista MacNevin Jee, Fullerton, Jennifer Henning, Jones & Mayer, for Amici Curiae, League of California Cities, California State Sheriffs Association, and California Police Chiefs' Association, California State Association of Counties, In Support of Respondents.

KLINE, P.J.

Introduction

Is a public safety officer, when seeking actual damages and civil penalties in addition to declaratory and injunctive relief for alleged violations of the Public Safety Officers' Procedural Bill of Rights Act (Gov. Code, § 3300 et seq. (POBRA)) required to present a claim to the public entity employer pursuant to the "Government Claims Act"1 (Gov.Code, § 900 et seq.)?2

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