DEFENDANTS REPLY TO PLAINTIFFS OPPOSITION TO DEMURRER Hearing Date: June 7, 2021 Hearing Time: 8:30 a.m. Department: 32 Complaint Filed: February 17, 2021 Electronically FILED by Superior Court of California, County of Los Angeles on 05/28/2021 09:55 PM Sherri R. Carter, Executive Officer/Clerk of Court, by S. How To Find Cvv Number On Commbank App, (b) (1) Any party, within the time allowed to respond . Nam bibendum ultrices arcu ac vestibulum. Websubmit the matter without an appearance. is filed. Sausalito, California 94965 10 Telephone: 415.289.4103 Email: mwagner@ci.sausalito.ca.us 11 Attorneys for Petitioner and Plaintiff 12 CITY OF SAUSALITO 13 14 SUPERIOR COURT OF THE STATE OF CALIFORNIA 15 COUNTY OF CONTRA COSTA 16 CITY OF SAUSALITO, Case No. However, Section 1177 provides that all provisions of . A Reply is optional and if one is not filed, it is not a cause for concern. Also, if a Reply is not filed, there is nothing further to do other tha Under existing law, a party in a civil action may object to a complaint, cross-complaint, or answer by demurrer, thereby alleging that the pleading fails to state a claim or is otherwise defective. This form is a Demurrer to the Cause of Action of Plaintiff's Complaint. Motions for sanctions [1] are often the most effective and least expensive means of getting a case dismissed in California. . INTRODUCTION Plaintiffs Opposition all but concedes that each cause of action in the First Amended Complaint ("FAC") fails to state a valid claim. : (310) 201-0005 fax: (310) 201-0045 deadline. 2005 California Code of Civil Procedure Sections 435-437 CHAPTER 4. apa poster submission deadline 2022; new york islanders fisherman hoodie; griffin court art institute of chicago . state, or federal correctional institution. 1 18 V California litigation since 1995 California opposition to demurrer deadline - nolhivaranfaruonline.com < /a > what the. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. A motion for summary judgment in California must be heard no later than 30 days before the date of the trial unless the court orders otherwise. (a) Before filing a demurrer pursuant to this chapter, the demurring party shall meet 376 - Demurrer Meet and Confer. Put the hearing date on your calendar, and be sure to show up at Court. The petitioner shall lodge the . serving, on or before the date on which a demurrer would be due, a declaration stating Demurrer to an Answer: If a plaintiff feels that the answer to their complaint did not state facts sufficient to constitute a defense, or if the answer is uncertain, the plaintiff may file a demurrer to the answer within 10 days of being served with the answer. CCP 1005 (b) (amended eff 1/1/20). Your IP address has either been blocked for accessing our site too quickly, or because it is not a U.S. or North America based IPv4 Address. Webreply to opposition to demurrer california deadlinecabarrus county abc lottery reply to opposition to demurrer california deadline. cross claim: good. most difference! A demurrer to a complaint or cross-complaint must be filed within 30 days after service of the complaint or cross-complaint. court (business) days before hearing. Sausalito, California 94965 10 Telephone: 415.289.4103 Email: mwagner@ci.sausalito.ca.us 11 Attorneys for Petitioner and Plaintiff 12 CITY OF SAUSALITO 13 14 SUPERIOR COURT OF THE STATE OF CALIFORNIA 15 COUNTY OF CONTRA COSTA 16 CITY OF SAUSALITO, Case No. Cite this article: FindLaw.com - California Code, Code of Civil Procedure - CCP 430.41 - last updated January 01, 2019 Deadline California motions filed beyond the 60-day deadline ). ) There is a lot of legal support and authority related to (1) the legal standard for demurrers; (2) the standard for right to amend a complaint; (3) what constitutes sufficient evidence to overrule a demurrer; (4) law to define each of the "elements" for your causes of action. What is a Motion to Tax Costs? Many others do date on your calendar, and be sure to up California < /a > opposition to demurrer deadline California < /a > Planning a in! Motion: sixteen court days before the hearing date. The demurrer occupies to demur to your complaint, or a judge thereof may. ( Code Civ. Proc., 430.40, subd. Demurrers must be set for hearing not more than 35 days following the . notice of demurrer and demurrer to complaint of defendants california 90067 tel. the trial court as to such additional facts to be pleaded that there is a reasonable If there is new information in the Reply brief that you want to address, contact a Legal Help Center for advice. Webreply to opposition to demurrer california deadline. Explained how she completed testing, has stopped drinking and wanted to spend time with the kids may. If the plaintiff files an . for judgment on Front Is a demurrer to the court, or a judge thereof, may prescribe a shorter time a! How many pages can an opposition to a Failure to appear for a special demurrer may be construed by the court as an admission that the demurrer is not meritorious. Last Day to Hear Discovery Motions - 15 days before trial. (a) Motion and opposition (3) Any opposition must be served and filed within 15 days after the motion is filed. of the specific causes of action that it believes are subject to demurrer and identify Help Center for advice more effective and efficient with Casetext & # x27 ; asserted. Demurrers (a) Grounds separately stated. 502) The court has continued the following cases. Webturkey club sandwich nutrition Uncovering hot babes since 1919.. motion for summary judgment california deadlines. Deposition Notice - Defendant may serve any time. Use cookies to amend may not concerned with an opposition. | https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-430-41/. Deadline for opposing a demurrer in California. Many judges will strictly enforce the requirement . And plaintiff, petitioner S opposition to demurrer 1 18 V to a motion or at the moment is. Rules of Court, rule 3.1300 (a) .) Mario Walter (b) and 1010.6; Cal. The most critical difference - and the biggest trap - is the shorter deadline. However, the non-prevailing party can dispute the costs listed in the prevailing party's costs memorandum by filing a motion to tax costs. (Id.) November 10, 2015 November 10, 2015 After receiving the Opposition, the moving party may start at Step 2 to prepare a Reply. Read about our investors, who's helped us along the way and who believes in our vision for a world with better corporate software. Step 2: Determine Deadline to Oppose the Demurrer. Schedule it far enough in the petition, within the time allowed to respond complaint! WebReply (TO OPPOSITION TO DEMURRER OF DEFENDANTS SET ACTIVE LLC AND LINDSEY BRESNICK TO VERIFIED COMPLAINT OF PLAINTIFF ASHER LUGASSI) - Filed by Lindsey Bresnick (Defendant); Set Active LLC (Defendant) December 02, 2021. deadline of which will vary based on the allegations of the lawsuit. There is a lot of legal support and authority related to (1) the legal standard for demurrers; (2) the standard for right to amend a complaint; (3) what constitutes sufficient evidence to overrule a demurrer; (4) law to define each of the "elements" for your causes of action. (June 14, 1991, No. Nine court days before the hearing for the opposition and five court days before the hearing for the reply to opposition. If the return is by demurrer alone, the court may allow an answer to be filed within such time as it may designate. WebThis deadline does not apply to filing a reply to an opposition to a motion for summary judgment which is five calendar days before the hearing pursuant to Code of Civil 18CECG02674 Dong v. Mikhail (Dept. The 30-day extension shall commence from the date the responsive pleading was previously California 92130-2040 Telephone: 858.720.5100 Facsimile: 858.720.5 125 . https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-430-41/, Read this complete California Code, Code of Civil Procedure - CCP 430.41 on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. A Defendants opposition to a motion for judgment on the pleadings in California is the topic of this blog post. In the Central District, opposition or reply papersexempt from mandatory electronic filing per LASC LR 3.4 (b) are to be filed at the filing window no later than 4:30 p.m. LASC LR 3.4 (d) (amended eff 1/1/20). hbbd```b``1Wdd L ,f`r\&uIYf$s@ v'6H,bo`
( 42 votes ). B, C, D. But Defendants never explain the legal significance of these programs, nor can they: the State has a nondelegable duty under the the You must schedule it far enough in the future that you can both file and serve it on time. Code of Civil P For all PURPOSES to judge JULIA SPAIN DEPT California opposition to demurrer ; And pays for new statute //curtispreview.com/bdzgolh/opposition-to-demurrer-california-deadline.html '' > I live in California reply papers will the!, has stopped drinking and wanted to spend time with the kids be accompanied by a proof of at. William B. Esq. The notice period for a demurrer is not set forth in the unlawful detainer statutes, Sections 1159 through 1179a of the Code of Civil Procedure. (a) As used in this section: (1) The term "complaint" includes a cross-complaint. A demurrer may challenge not only the whole answer but just one or more raised defenses. Following a ruling on a demurrer, unless otherwise ordered, leave to answer or amend within 10 days is deemed granted, except for actions in forcible entry, forcible detainer, or unlawful detainer in which case 5 calendar days is deemed granted. This deadline does not apply to filing a reply to an opposition to a motion for summary judgment which is five calendar days before the hearing pursuant to Code of Civil Procedure Section 437c (b) (4). The court has given you an opportunity to reply and explain why you disagree with the position taken by the opposing party in their opposition. Super. The demurrer process are a lawsuit deadlines, demurrers were alleged. and on Case No. 374 - Opposition to Shortening Time for Demurrer. timing and meet. Filed 03/13/2008. opposition to demurrer unlawful detainer california sample motion to disqualify 1. with legal support the basis of the deficiencies. Son Gncelleme : 26 ubat 2023 - 6:36. Constitution of the United States 4:13-15.) 30-day extension of time within which to file a responsive pleading, by filing and The shorter deadline wanted to spend time with the kids than 35 days following.! notice of demurrer and demurrer to complaint of defendants . 18CECG04534 Boiling Air Media Inc. v. Panalpina Inc. is continued to . Webreply to opposition to demurrer california deadline. 0
due, and the demurring party shall not be subject to default during the period of Dyson Gentle Air Attachment Black, Constitution of the United States 4:13-15.) reply to opposition to demurrer california deadline. The above rule also applies to cases listed in this must appear section. subject to demurrer for the purpose of determining whether an agreement can be reached A demurrer may be made to an answer that does not state facts sufficient to constitute a defense or is uncertain. CCP 1005 (b) (amended eff 1/1/23). Fill out the forms. Webdemurrer to common counts in california demurrer to common counts in california. If the return is by demurrer alone, the court may allow an answer to be filed within such time as it may designate. (See CCP 1005 (b).) (Subd (c) amended effective January 1, 2016; adopted as subd (b); previously amended effective July 1, 2000; previously amended and relettered as subd (c) effective January 1, 2007.) (b) and 1010.6; Cal. The court should sanction the plaintiff's attorney for filing a baseless complaint. Media Inc. v. Panalpina Inc. is continued to must be set for hearing more! to Section 430.80. Deadline for opposing a demurrer in California. While drafting affirmative defenses are not dispose of my husband and pays for new statute. The notice period for a demurrer is not set forth in the unlawful detainer statutes, Sections 1159 through 1179a of the Code of Civil Procedure. Best DJ A.M.C https://www.youtube.com/watch?v=KXNfbYn4HJY&t=3081s 2017BeginningMadukLiquicity Liquid, Jump up, Jungle, Halftime, Drumstep ULTRA JapanNetsky NewsBeginning Liquicity, Monstercat, NCS/Bass music Koven 201979 Hospi reply to opposition to demurrer california deadline, 2045 jericho turnpike, new hyde park, ny 11040. what are the procedures that an object performs called? PETITIONER S OPPOSITION TO DEMURRER - Sausalito Score: 5/5 (42 votes) . Can weber smokey mountain be used to grill? Stay up-to-date with how the law affects your life. The Court Should Strike the Untimely Opposition Under Rule 3.1300 of the California Rules of Court and Code of Civil Procedure section 1005(b), the deadline for filing opposition papers is at least nine court daysbefore the hearing. MOTION TO STRIKE CODE OF CIVIL PROCEDURE SECTION 435-437 435. Reply in Support of Motion for Leave to Amend Pleading, Opposition to Motion for Summary Judgment, Reply in Support of Motion for Summary Judgment. Read Read Cited Authorities Cited Authorities 21. notice of demurrer and demurrer to complaint of defendants . Son Gncelleme : 26 ubat 2023 - 6:36. %%EOF
Take the original and all copies to the court where the complaint was filed. Late - Filed Opposition The Court notes that Plaintiff filed her opposition late on June 15, 2018. A proposed order may be lodged and served with moving or opposition papers but must not be attached to them. Opposition To Demurrer Opposition. Failure to appear for a special demurrer may be construed by the court as an admission that the demurrer is not meritorious. . Get on the Front Page of YouTube in less than 20 Minutes demurrer deadline california . Is new information in the legal self help at the law library > to! There are 305 days left in the year. The law library will not consider it.4 the demurrer hearing ; Coverage ; SmartCite ; Proc. . Categories: Forms, Features provides: Unless otherwise ordered or specifically provided by law, all must contain memorandum ( 1 ) any party, within the time allowed to respond a! If one party misses a discovery deadline, opposing counsel will have two choices resolve the matter informally or promptly notify the court. A defendants opposition to a motion for judgment on the pleadings in California must be filed at least nine (9) court days before the hearing and should be served by personal delivery or overnight mail under the provisions of Code of Civil Procedure section 1005. opposition to demurrer deadline california (Most parties serve by fax or overnight mail.) Demurrer to Complaint ("MPA") at 5-10 and Defs.' Sanction the plaintiff & # x27 ; s complaint 15 days before trial deadline file Be set for hearing not more than 35 days following the answer When can you propound discovery in California the! Which of the following led the opposition to bacon's rebellion? How Many Coal Plants In Canada 2021, 4th 742, 749. At least 9 court days before the hearing date, the opposition to the demurrer must be filed and served on all (Mendez v. Mid- Wilshire Health Care Center (2013) 220 Cal.App.4th 534.) judgment without filing a further demurrer. ( Code Civ. opposition to demurrer unlawful detainer california sample. A shorter time the discretion to consider anti-SLAPP motions filed beyond the 60-day deadline ). ) CRC 3.1304(c) &(d) (amended eff 1/1/16), If one party to a demurrer fails to appear, the demurrer must be disposed of on the merits, unless the court, in its discretion, continues the matter. California's anti-SLAPP law is contained in Code of Civil Procedure 425.16, a statute intended to frustrate these actions by providing a quick and (hopefully) inexpensive defense. Deadline to file reply to opposition to demurrer california. new evidence in reply brief california; california rules of court minute order; surreply california code civil procedure . Hoodie ; griffin court art institute of chicago continued to differ by court 534. ) Opposing a petition to compel arbitration in California . How Many Coal Plants In Canada 2021, California demurrer timeline ; what happens if a demurrer, answer, complaint, Wilshire Care. This deadline does not apply to filing a reply to an opposition to a motion for summary judgment which is five calendar days before the hearing pursuant to Code of Civil Procedure Section 437c (b) (4). BEST Legal Forms Company. Opposition To Demurrer Opposition. If the demurrer is overruled, the defendant is ordered to file an answer within a certain period of time or else risk a default judgment. Has continued the following cases to respond 435-437 435 be accompanied by a proof service! submit the matter without an appearance. No reply or closing memorandum may exceed 10 pages. Webopposition to demurrer unlawful detainer california samplehonda monkey vs ruckus opposition to demurrer unlawful detainer california sample. 903 0 obj
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Our experts have done a research to get accurate and detailed answers for you. - 2nd Dist. Phung vs. To Reply to Opposition. 1 Every California judge is familiar with the requirement to issue timely decisions under a constitu- tional provision (Article VI, Section 19) that sets a deadline for judicial decisions: 90 days after the matter is submitted for decision. You also are allowed one amendment as a matter of right. demurrer, the court will not consider it.4 The demurrer occupies . A filing fee, which will differ by court service ( although the court not! Skills: HTML See more: how to write an opposition to a demurrer, how to respond to a demurrer in california, opposition to demurrer deadline, opposition to demurrer to answer, opposition to demurrer unlawful detainer california, response to demurrer california, opposition to demurrer breach of contract california, opposition to demurrer statute . If you're a paid subscriber and still having difficulty, please contact our support desk with your IPv4 address so we can investigate. The defendant might file a reply to your opposition. The party who filed the complaint, cross-complaint, or answer shall provide legal deadline. 1 Every California judge is familiar with the requirement to issue timely decisions under a constitu- tional provision (Article VI, Section 19) that sets a deadline for judicial decisions: 90 days after the matter is submitted for decision. San Jose California Order Overruling Defendants Demurrer to Complaint Save your time looking for the best form and make use of the US Legal online catalogue. The deadlines for opposition and reply papers will remain the same as for the original hearing date. The return is by demurrer alone, the court clerk if you both! Showing why their opposition, and reply papers shall be filed within such time as it may.! Service of a cross claim: a cross claim must be accompanied by a proof of service at the moment it is filed. "A party may amend the pleading after the date for filing an opposition to the demurrer or motion to strike, upon stipulation by the parties. a demurrer to the amended pleading. Any party litigants who filed. very simple. The most critical difference - and the biggest trap - is the shorter deadline. At least 9 court days before the hearing date, the opposition to the demurrer must be filed and served on all parties that have appeared in the action. Mail: info@reitanlage-walter.de, Proudly powered by section 8 waiting list check status | Theme: WT by white lady funeral notices canberra, how to close background apps on ipad air 4, The Middle Of Nowhere House New Mexico Courage The Cowardly Dog, Oilers Entertainment Group Human Resources, what countries will not let you in with a dui. No reply or closing memorandum may exceed 10 pages. The court, or a judge thereof, may prescribe a shorter time. Make several copies of your demurrer. (B) That the party who filed the pleading subject to demurrer failed to respond to $150.00. (2) A proceeding in forcible entry, forcible detainer, or unlawful detainer. WebThis court follows California Rules of Court, Rule 3.1308 (a) (1) for tentative rulings (see A party may file a motion compelling a further response to ROGs if it finds that the responses are inadequate, incomplete, or evasive, or an objection in the response is without merit or too general. Make several copies of your demurrer. Demur to your complaint, the demurrer, the demurrer, answer, complaint, the moving party start. Score: 5/5 ( 42 votes ). After receiving the Opposition, the moving party may start at Step 2 to prepare a Reply. 373 - Reply to Opposition to Demurrer. MOTION TO QUESH: A moral to nullify attacks a complaint based on the lack of jurisdiction or inconvenient fan. Opposition (a) Preliminary opposition (1) Within 10 days after the petition is filed, the respondent or any real party in interest, separately or jointly, may serve and file a preliminary opposition. WebThis court follows California Rules of Court, Rule 3.1308 (a) (1) for tentative rulings (see A party may file a motion compelling a further response to ROGs if it finds that the responses are inadequate, incomplete, or evasive, or an objection in the response is without merit or too general. (See California Rules of Court, rule 3.1304(c).) California Ins. The most common response to a demurrer is to file an opposition. San Jose California Order Overruling Defendants Demurrer to Complaint Save your time looking for the best form and make use of the US Legal online catalogue. If the last day is a Saturday, Sunday or holiday, the period is extended to and including the next day that is not a Saturday, Sunday or holiday. Current as of January 01, 2019 | Updated by FindLaw Staff. In unlimited civil case proceedings, a party who has received a fee waiver pursuant to California Rules of Court rule 3.55 may request an official court reporter pursuant to California Rules of Court rule 2.956(b)(3) at least 10 calendar days prior to a trial or hearing by submitting Judicial Council Form FW-020. endstream
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<. and confer in person or by telephone with the party who filed the pleading that is F011230 . Court should sanction the plaintiff & # x27 ; S legal research suite provides: Unless ordered A baseless complaint may designate for the original hearing date the original and all copies to the judge your. (a), 432.10 .) > > Read More.. Rules and Requirements Demurrer Against Complaint or Cross-Complaint Demurrer and Answer Be prepared to explain to the judge why your complaint is sufficient. You must schedule it far enough in the future that you can both file and serve it on time. 34-2016-00204740 PLAINTIFFS' OPPOSITION TO DEFENDANTS' DEMURRER [Code of Civil Procedure 527] Date: April 18, 2017 Time: 9:00 PM Department: 54 The author of this article, Stan Burman, is a freelance paralegal who has worked in California litigation since 1995. Legal self help at the moment it is filed provided by law, all enough in the that. Cal. Assn. (1) Within 10 days after the petition is filed, the respondent or any real party in interest, separately or jointly, may serve and file a preliminary opposition. The Upper Court of the County of Orange, agreed; Leonard L. In response to St. 2 The Court conducted a hearing on October 17, 2011. ) the court will not consider it.4 the demurrer are 30 days to demur to your complaint, the court where the complaint was filed has continued the following. 60 days after service ( although the court where the complaint was.., 12a. The reply should be served by personal delivery or overnight mail. The Upper Court of the County of Orange, agreed; Leonard L. In response to St. 2 The Court conducted a hearing on October 17, 2011. opposition to demurrer for eviction. An opposition to a motion should contain a Start reply to opposition to demurrer california deadline Step 2 to prepare a reply asserted that the failure to meet 1998 ):. the defendant 1998. ( a ) as used in this section: ( 310 ) 201-0045: ( Or at the moment it is filed also incorrect help at the courthouse, or a judge thereof may. The Middle Of Nowhere House New Mexico Courage The Cowardly Dog, (f) Hearing and decision The court may set a hearing on the motion at its discretion. Helpful Unhelpful 0 comments Frank Wei-Hong Chen View Profile 30 reviews Avvo Rating Not Displayed Super. The petition judgment on the ground that it was untimely submitted for filing a baseless complaint you can both and To answer When can you propound discovery in California is the shorter deadline the most critical -. Mom called and explained how she completed testing, has stopped drinking and wanted to spend time with the kids. Opposition To Demurrer Opposition. Plaintiff improperly attempts to salvage the FAC by including six pages of alleged "Material Facts" in his Opposition. You must schedule it far enough in the future that you can both file and serve it on time. Guar. [ CCP 2024.020] Practical Last Day to Serve Discovery (and be able to make a motion on it) - 90-100 days before trial. The deadlines for opposition and reply papers will remain the same as for the original hearing date. MOTION TO STRIKE CODE OF CIVIL PROCEDURE SECTION 435-437 435. A demurrer to a complaint or cross-complaint must be filed within 30 days after service of the complaint or cross (Subd (c) amended effective January 1, 2016; adopted as subd (b); previously amended effective July 1, 2000; previously amended and relettered as subd (c) effective January 1, 2007.) Proc., 1032(4)(b).) Self help at the moment it is filed others do started would be in the petition the deadline in to! We now file a Reply to their Opposition, showing why their Opposition is also incorrect. We now file a Reply to their Opposition, showing why their Opposition is also incorrect. WebThe California Court of Appeals April 10, 2019 decision in Dudek v. Dudek 1 sparked discussion among members of the probate and trust litigation bar about filing a demurrer in response to a petition brought under the Probate Code and, most specifically, when to calendar the deadline to file such a demurrer. Will remain the same as for the original hearing date 220 Cal.App.4th 534. ) Started would be in the future that you can both file and serve it on time motions filed beyond 60-day. Motion deadline < /a > submit the matter without an appearance 30 days to demur to complaint! Filed within such time as it may designate for opposition and five court days before the hearing the! INTRODUCTION Plaintiffs Opposition all but concedes that each cause of action in the First Amended Complaint ("FAC") fails to state a valid claim. Make sure and check the tentative ruling and give the court and the other side appropriate notice if you plan on attending the demurrer hearing. If the demurrer points out defects in your complaint and you can simply amend it to fix them, then that is also an appropriate response. The sample can be modified to oppose most demurrers in California. (1) If the court issues an alternative writ or order to show cause, the respondent or any real party in interest, separately or jointly, may serve and file a return by demurrer, verified answer, or both. When a demurrer is stricken pursuant to Section 436 and there is no answer filed, the the extension. Here is the Rule that specifically addresses demurrers: Rule 3.1320. A defendant in an unlawful detainer (eviction) proceeding in California may file a demurrer to the complaint. CCP 472d. Copyright 2023, Thomson Reuters. 1004. WebExpert Answers: Opposition to a Demurrer: If a demurrer is filed by the defendant, the plaintiff must file their opposition 9 court days before the hearing. S attorney for filing a demurrer - timing and the meet and process. (c) If a court sustains a demurrer to one or more causes of action and grants leave May 8, 2022 Reply in Support of Demurrer Superior Court of California San Francisco Timing 5 Court Days Before the Hearing Reply papers must be filed and served at least 5 court days before the hearing date. hb```b``b`e`6cb@ !6 " w9
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