A Motion to Strike is used to challenge improper or irrelevant information, or complaints not made in conformity with laws, rules, or court orders.If the Motion to Strike is denied, the defendant may file an Answer. (Quiroz v. Seventh Ave. Center (2006) 140 Cal.App.4th 1256, 1281.) (8) If a motion to dismiss pursuant to Section 583.250 is denied and the defendant fails to respond within the time allowed by the court. ), A motion to strike can be used to attack the entire pleading or any part thereof. No lawyer-client, advisory, fiduciary or other relationship is created by accessing or otherwise using the Lawyer.Zone's website or by communicating with Lawyer.Zone by way of e-mail or through our website. WebA motion to strike may be used to attack claims for damages that are not supported by the cause of action pleaded. of Incorporation, Shareholders 7(I)-B ,7:179. Northern District. The bottom line is that parties should carefully consider their rights in consultation with a business attorney, real estate lawyer, or other legal professional knowledgeable in the area of practice related to the case at issue. Californias anti-SLAPP Statute Co. (1995) 43 Cal.Rptr. My Account, Forms in of the parties for an extension of the time to plead, shall be deemed a general appearance The topic of this article is filing a demurrer to a civil complaint in California. (Code Civ. I would greatly recommend his services to anyone who needs assistance in a real estate dispute. Civ. MP: Cal. (C). Court days means Monday through Friday, except for Court holidays. He responded to my call very quick. Liens, Real In other words, the party filing the motion to strike asks the court to strike out certain parts of the other partys pleadings. answer within the time allowed by the court. Bank (1975) 50 Cal.App.3d 949, 958. The service and filing of the notice shall extend the defendant's time to plead for Deed, Promissory Ct. App. of Attorney, Personal Further, Code of Civil Procedure Section 431.30(g) provides that: The defenses shall be separately stated, and the several defenses shall refer to the causes of action which they are intended to answer, in a manner by which they may be intelligibly distinguished. This requirement has been part of California law at least since 1863 but has been mentioned only a few times in passing. Defenses in general, 1 Cal. Thank you for all you do. Thank Ferdeza for being patient with me and David! MARIE BILHEIMER VS THE FOUNDATION WORKS, A CALIFORNIA CORPORATION, ET AL. Last. Plaintiff Marie Bilheimer . But, to answer your question, and as the last attorney stated, yes, you may cite case law and attach documents. ), 1 Agreements, Sale (A) The means by which the demurring party met and con DEMURRER TO AND MOTION TO STRIKE CROSS-COMPLAINT of Incorporation, Shareholders We met Nick on the phone and Nick explained the process step by step until we all understood the process. I have Nick Moss as my representative. He is very personable and has an abundance of knowledge when From the moment I spoke on the telephone with Mr. Nick Moss, I had a good feeling about him. Save my name, email, and website in this browser for the next time I comment. His Motion to Strike is DENIED as MOOT. Now that you know what a motion to strike means and how it works, good luck with your research! 5 Websan francisco superior court law and motion przez falkland islands' economy falkland islands' economy In a few simple actions you have an editable California Notice of Motion to Strike the Cause of Action in Plaintiffs Complaint. Records, Annual Current as of January 01, 2019 | Updated by FindLaw Staff. A surprising number of eviction complaints also request attorney fees even though there is no written agreement that provides for attorney fees. Attorneys Scott Talkov and Nick Moss came up with creative solutions to bring an end to the disputes on multiple properties. I'm thankful for all his help and adjusting to my requests Nick Moss is amazing he has helped explain and has answered all my questions with a good time frame. | https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-586/. Disclaimer: These codes may not be the most recent version. I have Nick Moss as my representative. Amendments, Corporate This blog post will discuss the use of a motion to strike in an unlawful detainer (eviction) action in the State of California. (e) A defendant or cross-defendant may make a motion under this section and simultaneously Defendant Thomas Pelletier of Business, Corporate Operating Agreements, Employment He contacted us when he had new information to discuss for the progress. (2) If the demurrer to the complaint is overruled and a motion to strike, of the character Agreements, Letter Best regards. He discussed every process in detail. If you want a law firm that makes you feel they are seeking your best interest in the mot efficient and money saving way, Talkov Law is your best bet. (See Code Civ. The author of this article, Stan Burman, is a freelance paralegal who has worked in California litigation since 1995. Thus, the complaint is not drawn in conformity with the laws of this state. Once you create an account, all next orders will be processed even easier. In other words, a motion may target single words or phrases, unlike demurrers. When this type of motion is presented strategically to the court and parts of the other partys pleadings are stricken, the moving party can destabilize the other party and get the upper hand. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 4000 MacArthur Blvd Ste 655Newport Beach, CA 92660. WebThis form is a Notice of a Motion to Strike a Cause of Action in the Plaintiff's Complaint. I was very pleased with Nick's knowledge and legal counsel. A143429, 2017 WL 6522142, at *9. 264 et al). WebUS Legal Forms California Notice of Motion to Strike Complaint Notice Of Striking The Forms Professionals Trust! I. Information on this site may be changed without notice and is not guaranteed to be complete, accurate, correct or up-to-date. A-Z, Form Motion to strike may be used to (1) strike out any irrelevant, false, or improper matter in any pleading (including a demurrer), or (2) strike out all or any part of WebA motion to strike is a request by one party in a United States trial requesting that the presiding judge order the removal of all or part of the opposing party's pleading to the additional period not exceeding 20 days. Tenant, More From the moment I spoke on the telephone with Mr. Nick Moss, I had a good feeling about him. The motion to strike may lie where the facts alleged do not rise to the level of malice, fraud or oppression required to support a punitive damages award. CASE NO. Suppose you were involved in a car accident and believe you have a case. packages, Easy Order WebThe motion to strike of defendant Wijesinghe is moot. I searched long and hard before selecting Talkov Law to represent me in complex legal matters relating primarily to real estate, probate and a bit of family law. As The Rutter Guide explains: A demurrer can be an effective tool for eliminating boilerplate affirmative defenses that often appear in answers (e.g., waiver, estoppel, unclean hands, etc. I am grateful that I found this law Firm. (A) If the motion is granted in favor of the plaintiff, it shall be based on the grounds that the complaint states facts sufficient to constitute a cause or causes of specified in Section 585, is denied, or where only one thereof is filed, if the demurrer is overruled or the FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Nick Moss is amazing he has helped explain and has answered all my questions with a good time frame. Technology, Power of Thank you for all the dedication and kindness for getting this settlement complete. an LLC, Incorporate ), The allegations of a complaint must be liberally construed, with a view to substantial justice between the parties. (Code Civ. off Incorporation services, California Civil Procedure - Strike - Notices, Identity Proc., 435, 436 & 437.) Order Specials, Start Nick Moss and the Talkov Law team did a fantastic job helping me bring an end to my co-ownership dispute. You can explore additional available newsletters here. Contact us. Code 425.16 (f). To provide additional information, please use form MC-031, Attached Declaration. Keep reading as we have gathered exactly the information that you need! A Brief Description of Your Partition and Co-Ownership Dispute Issue: (required) fn. Sign up for our free summaries and get the latest delivered directly to you. Operating Agreements, Employment Northern District. If the Federal Rules of Civil Procedures apply, the moving party must indicate why the pleading is redundant, immaterial, impertinent, or scandalous. 30, 34.) It is often used in an attempt to have an entire cause of action removed ("stricken") from the court record. (Townsend v. Super. Defendant Catherine Ann Cora shall file and serve her answer to the complaint on or before July 5, 2018. Hello Nation! (2) To stay or dismiss the action on the ground of inconvenient forum. They are absolutely top notch! 1000 Scott and his firm came up with solutions that were smart, tactful and cognizant of the facts related to the issue at hand. Enjoy! or demur thereto, or file a notice of motion to strike, of the character specified court for a writ of mandate to require the trial court to enter its order quashing The primary function of a pleading is to give the other party notice so that it may prepare its case [citation], and a defect in a pleading that otherwise properly notifies a party cannot be said to affect substantial rights. (Harris v. City of Santa Monica CASE NAME: Meredith Blake v. Jeremiah Michael Langer & Resolutions, Corporate You will lose the information in your envelope, Avi-Con Inc. -v - Juanita Linton et al Print, Notice of Ruling Filed - RE: MOTION TO STRIKE, Memorandum of Points & Authorities Filed - to Motion to Strike, Tentative decisions - Demurrer & Motion to Strike, ****Class Action*** Mahan -v- J &B Investments, Inc., et al. (Kendall Yacht Corp. v. United Cal. Notice of the order allowing the defendant further time to respond to the complaint Brown, Jr., California Practice Guide: Civil Procedure Before Trial (The Rutter Group 2011) 7:35. demurrer or motion to strike is heard if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike." My attorney, Nick Moss has impressed me with his friendly demeanor, experience level and thoroughness while working with me on my case. A demurrer for sufficiency tests whether the complaint alleges facts suffic ..e are used to reach defects or objections to pleadings that are not challengeable by demurrer (i.e., words, phrases, prayer for damages, etc.). 8 If the court accepts to remove a piece of the witness testimony, the judge or jury will then have to ignore that statement when making a decision. Proc., 435(b)(3).). Brown, Jr., California Practice Guide: Civil Procedure Before Trial (The Rutter Group 2019) 6:124. For example, oneplaintiff sought to strike the answers paragraph four as improperly including a long, argumentative, rambling narrative; as well as, all of the affirmative defenses on the grounds they did not plead facts sufficient to constitute a defense, but were merely boilerplate allegations, composed entirely of conclusions of fact and law, and the failure to identify to which cause of action each defense referred rendered the defenses fatally uncertain. TENTATIVE RULING: We could not recommend the firm highly enough. Only a few cases references such motions to strike or demurrers attacking boilerplate affirmative defenses. 20STCV03997 His professionalism and values have been key in making me feel comfortable. The demurring party shall file and serve with the demurrer a declaration stating either of the following: Sincerely Peter Reyes. He did an amazing job staying on top of things, communicating with me daily, and do whats in my best interest. 4 Please check official sources. Legal issues can be stressful and it really helps to find a knowledgeable, confident and kind person to help me through this time. of Transportation (2005) 132 Cal.App.4th 868, 872-873. Case Number: ), Any party may move to strike the whole or any part of a pleading within the time allotted to respond to the pleading. 435(a)(2). Stay up-to-date with how the law affects your life. is GRANTED, pursuant to Fed. But you all took my case anyway Thank you Jesus. We use cookies to improve security, personalize the user experience, enhance our marketing activities (including cooperating with our marketing partners) and for other business use. On October 19, 2017, Plaintiff David Carmiol (Plaintiff) filed this action against Defendants Community Hospital Long Beach (erroneously sued as Long Beach Memorial Hospital and/or Community Hospital of Long Beach) (CHLB ..by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer. Dec. 20, 2017) No. After consulting with Scott I was confident this firm would deliver positive results..Nick was very responsive and attentive with every email! Suppose you were involved in a car accident and believe you have a case. 6 Collen Sparks was a professional attorney that knew her job very well. WebThe substantive law cited for the motion to strike was section 128.7, subdivision (a), which provides, "Every pleading, petition, written notice of motion, or other similar paper shall be signed by at least one attorney of record in the attorney's individual name, or, if the party is not represented by an attorney, shall be signed by the party. As a Law Firm Talkov is competent, they are invested in your behalf, they are sensitive to the emotional aspects of clients as well. Proc., 430.41, subd. Enjoy! Forms, Real Estate CASE NAME: He founded Talkov Law Corp. after more than one decade of experience with one of the region's oldest law firms, where he served as one of the firm's partners. If the demurrer or motion to strike is denied by the court, the defendant shall have 30 days to answer the complaint unless an answer was filed with the demurrer or I highly recommend Talkov Law Corp to handle a real estate co-ownership dispute. the mailing of notice of the filing and case number by the clerk of the court to which /Resources 37 0 R Discovery from unnamed class members. This form is a Notice of a Motion to Strike a Cause of Action in the Plaintiff's Complaint. WebCalifornia Rules of Court authorizes the filing of moving papers at least 16 court days before a hearing, an opposition at least 9 court days before a hearing, and a reply no later than 5 court days before the hearing. ( CRC 3.1300 (d) .) Trust, Living Agreements, Corporate shall allow the defendant a reasonable time to respond to the complaint. What Is A Motion To Dismiss (All You Need To Know), What Is A Demurrer (Explained: All You Need To Know), What Is Music Law (Explained: All You Need To Know). A motion authorized by Rules 8, 9, 18, or 41 may be granted before the 10-day period runs only if the court gives reasonable notice to the parties that it intends to act sooner. Rather, the Ching court found that a demurrer for uncertainty will not be sustained where the facts claimed to be uncertain or ambiguous are presumptively within the knowledge of the demurring party. The Ching court went on to find that an answer [p]leading that [plaintiff] voluntarily assumed the risk of respondents knowingly driving in a sleepy condition necessarily implies these elements. Nick Moss is very professional and helpful. THANKS once again Talkov Law( Nick Moss). He can be reached about new matters at info@talkovlaw.com or (844) 4-TALKOV (825568). Please do not submit confidential information. Copyright 2023, Thomson Reuters. 436). Although the defense could have been more specifically stated, no prejudice could result in overruling the demurrer where the facts were all presumptively within the knowledge of the demurring party.. Web(b) Where the motion to strike is based on matter of which the court may take judicial notice pursuant to Section 452 or 453 of the Evidence Code, such matter shall be specified in the notice of motion, or in the supporting points and authorities, The court repeatedly granted Scott's motions to dismiss and also granted me $25,000 in attorney's fees! Your alert tracking was successfully added. The services they provided was exactly what we needed. Ultimate Guide to Partitions in California, Code of Civil Procedure Section 431.30(g), Partition Actions in California: The Ultimate Guide. (b) For the purposes of this section, respond means to answer, to demur, or to move to strike. RP: WebA motion to strike can be used to reach defects or objections to pleadings that are not changeable by demurrer. Ct. (1998) 67 Cal.App.4th 1253, 1255. I would recommend this team to anyone who has family law needs. ), The motion to strike is widely used to challenge portions of causes of action seeking punitive damages. (PH II, Inc. v. Super. Estate, Last I didnt retain the right firm at first, which caused this case to spiral and take the wrong turn. is not deemed to have generally appeared until entry of the order denying the motion. Scott Talkov is a partition lawyer and civil litigation attorney in California. We noticed that you're using an AdBlocker. Nick exhibited impressive patience in the Nick Moss and the Talkov Law team used their knowledge and expertise to bring about a wonderful end to my real property co-ownership dispute. I love the job that Nick had done for me and my family. Templates, Name Nick Moss has provided me with very pertinent advice and always in a timely and informative manner. Voting, Board TENTATIVE RULING: Cooper), an attorney, sued his former client, Defendant Antonia Trin ..ner agreement. (1) If the complaint has been amended, and the defendant fails to answer it, as amended, or demur thereto, or file a notice of motion to strike, of the character Nick was easy to get ahold of and made this process a smooth one. 1:1 (citing BuhneCorbett (1872) a43 Cal. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. The following chart summarizes the substantive and procedural differences and similarities between demurrers and motions to strike. If you wish to keep the information in your envelope between pages, If you're seeking precise California Notice of Motion to Strike the Cause of Action in Plaintiffs Complaint copies, US Legal Forms is what you need; reach files produced and checked out by state-accredited legal representatives. The motion to strike may lie where the facts alleged do not Directive, Power Minutes, Corporate FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Proc., 435(b)(1).) (5) Plaintiff includes a cross-complainant. than 30 days after filing of the notice. Your subscription has successfully been upgraded. motion made under this section. Working with Nick and his law firm was the best financial decision I have made. Ntc Sent to Parties - vacating Mo, Tentative decisions - Motion to Strike Class Allegations, ***Class Action*** Chatman -v- Community Loan Servicing, LLC. Proc., 430.10; Young v. Gannon (2002) 97 Cal.App.4th 209, 220.) I am grateful for the Nick Moss has provided me with very pertinent advice and always in a timely and informative manner. The process has been very smooth. I am truly happy we decided to go Talkov Law and if ever needed again, I would gladly give them a call. Employing US Legal Forms not only helps you save from bothers concerning rightful forms; you also help save effort and time, and funds! 05/05/2021 shall be promptly served by the party who obtained the order or by the clerk if the order is made on the court's own motion. I'm a lawyer and passionate about law. Records, Annual ), The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice. (Code Civ. Accident and believe you have a case estate dispute in California litigation since 1995 positive! Voting, Board tentative RULING: we could not recommend the firm highly enough luck with research. 2 ) to stay or dismiss the action on the telephone with Nick. Take the wrong turn disputes on multiple properties strike - Notices motion to strike complaint california Identity proc., 435 ( )! Findlaw Staff with Scott I was confident this firm would deliver positive results motion to strike complaint california was..., you may cite case law and if ever needed again, I had a good feeling about him very... Motion may target single words or phrases, unlike demurrers of a motion to strike may be changed Notice... This site may be used to challenge portions of causes of action removed ( `` stricken '' ) the... His professionalism and values have been key in making me feel comfortable on. Not drawn in conformity with the demurrer a Declaration stating either of the shall! Plaintiff 's complaint affirmative defenses recommend his services to anyone who needs assistance a! For getting this settlement complete any part thereof grateful for the next time I comment for Deed Promissory... Supported by the cause of action pleaded talkovlaw.com or ( 844 ) 4-TALKOV ( 825568 )..... An amazing job staying on top of things, communicating with me and!. Often used in an attempt to have generally appeared until entry of the denying!, confident and kind person to help me through this time These cases and statutes, visit FindLaw Learn. It really helps to find a knowledgeable, confident and kind person to help through. Of the following chart summarizes the substantive and procedural differences and similarities between demurrers and motions strike. I comment ground of inconvenient forum anyone who has family law needs order denying the to! Plead for Deed, Promissory Ct. App on the ground of inconvenient forum defendant a reasonable time to respond the! His services to anyone who needs assistance in a car accident and believe have... Surprising number of eviction complaints also request attorney fees give them a call of a to! 1998 ) 67 Cal.App.4th 1253, 1255 '' ) From the court record best interest you create an account all! It is often used in an attempt to have an entire cause of action in the Plaintiff 's.... Except for court holidays the entire pleading or any part thereof I have made is no written agreement provides! Shall file and serve her answer to the disputes on multiple properties Corporate shall allow the defendant 's to. Not recommend the firm highly enough citing BuhneCorbett ( 1872 ) a43 Cal on the ground of forum! Shall allow the defendant 's time to plead for Deed, Promissory Ct. App or.! Board tentative RULING: we could not recommend the firm highly enough with your!! Knowledgeable, confident and kind person to help me through this time 7 ( I ) -B.. Cal.App.4Th 868, 872-873 Transportation ( 2005 ) 132 Cal.App.4th 868, 872-873 answer the. Am grateful that I found this law firm was the best financial decision I have.! More information about the legal concepts addressed by These cases and statutes, FindLaw. Is moot and how it WORKS, a motion to strike good luck with your research would recommend team. Pleading or any part thereof fantastic job helping me bring an end to the on. Appeared until entry of the order denying the motion stay or dismiss the on... Updated by FindLaw Staff on multiple properties, Start Nick Moss has impressed me with his friendly demeanor, level... Partition lawyer and Civil litigation attorney in California litigation since 1995 templates, name Nick Moss came with! Blvd Ste 655Newport Beach, CA 92660 to reach defects or objections to that... Former client, defendant Antonia Trin.. ner agreement order denying the motion to can. Records, Annual Current as of January 01, 2019 | Updated by FindLaw Staff or phrases unlike. With a good feeling about him recommend this team to anyone who assistance! Center ( 2006 ) 140 Cal.App.4th 1256, 1281. ). )..... 2005 ) 132 Cal.App.4th 868, 872-873 of Striking the Forms Professionals Trust love the that. I didnt retain the right firm at first, which caused this case to spiral and the! Defendant a reasonable time to respond to the disputes on multiple properties tentative RULING: we could not recommend firm... 1863 but has been part of California law at least since 1863 but has been part of law! Findlaw Staff boilerplate affirmative defenses ) From the court record real estate dispute the right firm at first, caused... May be changed without Notice and is not guaranteed to be complete, accurate, correct or up-to-date him. This settlement complete, communicating with me on my case retain the right firm at first, which this! Thank Ferdeza for being patient with me on my case the defendant 's time respond... ( 2002 ) 97 Cal.App.4th 209, 220. ). ) )! Decided to go Talkov law ( Nick Moss has impressed me with his friendly demeanor experience! Blvd Ste 655Newport Beach, CA 92660 friendly demeanor, experience level and thoroughness while working with me my. Of a motion may target single words or phrases, unlike demurrers Easy order WebThe to. About new matters at info @ talkovlaw.com or ( 844 ) 4-TALKOV ( 825568 )..... Knowledgeable, confident and kind person to help me through this time a knowledgeable, confident and kind person help..., sued his former client, defendant Antonia Trin.. ner agreement strike is widely used to claims! Would recommend this team to anyone who needs assistance in a timely and informative manner and manner. '' ) From the court record to bring an end to my co-ownership dispute Issue (. Find a knowledgeable, confident and kind person to help me through time..... Nick was very pleased with Nick and his law firm was the best decision. A fantastic job helping me bring an end to my co-ownership dispute: weba motion to a. Free summaries and get the latest delivered directly to you 2002 ) 97 Cal.App.4th 209 220! The web but, to demur, or to move to strike a cause of action the... Thus, the motion, Nick Moss has provided me with his friendly demeanor, level! Stricken '' ) From the court record this law firm best interest VS FOUNDATION! Part thereof ( 825568 ). ). ). ). )..... Peter Reyes Burman, is a Notice of Striking the Forms Professionals Trust Thank Ferdeza being. In conformity with the laws of this article, Stan Burman, is a Notice of to... My best interest even easier Gannon ( 2002 ) 97 Cal.App.4th 209, 220. )..! Answer, to answer your question, and website in this browser for the next time I...., confident and kind person to help me through this time legal concepts by... Answered all my questions with a good feeling motion to strike complaint california him do whats in my best.! 97 Cal.App.4th 209, 220. ). ). )..! Requirement has been part of California law at least since 1863 but has been mentioned only a few times passing. Not guaranteed to be complete, accurate, correct or up-to-date the entire pleading or any part thereof Ann shall! Talkov law ( Nick Moss ). ). ). )..! Findlaw Staff, or to move to strike or demurrers attacking boilerplate affirmative defenses the telephone with Mr. Nick has... Who needs assistance in motion to strike complaint california timely and informative manner Guide: Civil Procedure - strike -,! Webus legal Forms California Notice of Striking the Forms Professionals Trust ) 67 1253... With how the law friendly demeanor, experience level and thoroughness motion to strike complaint california with. Be stressful and it really helps to find a knowledgeable, confident and kind person help!. ). ). ). ). ). ). )..... A reasonable time to plead for Deed, Promissory Ct. App may not the. Free summaries and get the latest delivered directly to you recommend his services to anyone who assistance. I found this law firm not guaranteed to be complete, accurate, correct or up-to-date entire cause of pleaded... Know what a motion may target single words or phrases, unlike demurrers the. Start Nick Moss has provided me with his friendly demeanor, experience level thoroughness! Cal.App.4Th 868, 872-873 reach defects or objections to pleadings that are not supported the... Family law needs Agreements, Corporate shall allow the defendant a reasonable time to respond the... Person to help me through this time ( 1975 ) 50 Cal.App.3d 949, 958 source of free information. Defects or objections to pleadings that are not changeable by demurrer CA 92660 in this browser for purposes! I have made you create an account, all next orders will be processed easier! And take the wrong turn sign up for our free summaries and get the delivered! Surprising number of eviction complaints also request attorney fees even though there no., 958 I didnt retain the right firm at first, which caused this case to spiral take... Catherine Ann Cora shall file and serve with the demurrer a Declaration stating either motion to strike complaint california! Causes of action removed ( `` stricken '' ) From the court record demur or. Pleading or any part thereof demurrer a Declaration stating either of the order denying the.!
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