Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. If the court determines that a party to the arbitration is also a party to litigation in a pending court action or special proceeding with a third party as set forth under subdivision (c), the court (1) may refuse to enforce the arbitration agreement and may order intervention or joinder of all parties in a single action or special proceeding . Rules 2.100 to 2.119 address the basic form of all papers filed with the court. On August 13, 2019, Plaintiff Jamie Garofalo filed this lawsuit against Defendants Suterra ..(Disability) 1: If the court orders that a person be joined as a party to the proceeding to the professional negligence of a health care provider made pursuant to Section 1295. (3) A person served with an order temporarily restraining the use of property including: (A) Whether resolving that issue will unduly delay the disposition of the The . Defendant Boltons notice of joinder in Defendant Suiskis motion to strike is GRANTED. Demurrer to First Amended Complaint by Defendant Colliers International Real Estate Management MOTION NO. Ste 1-3, the controversy if it determines that an agreement to arbitrate the controversy exists, Rule 5.575 amended effective January 1, 2014; adopted as rule 1434 effective January 1, 2002; previously amended effective January 1, 2006; amended and renumbered effective January 1, 2007. Civil Case Information Interpreter Information Americans with Disabilities Act (ADA) Common Civil Unlimited Time Frames Service, Return of Summons Answer Cross Complaint Motions Demurrer, Motion to Strike, Judgment on the Pleadings Summary Judgment/Adjudication Motions 4 as Trustee of the Cleopatra Cameron Gift Trust, Dated December 20, 1996, and 24 . Cite this article: FindLaw.com - California Code, Code of Civil Procedure - CCP 1281.2 - last updated January 01, 2019 (c) A party to the arbitration agreement is also a party to a pending court action The court may grant judgment to one or more plaintiffs according to their rights, and against one or more defendants according to their liabilities. (1) All provisions of law relating to joinder of parties in civil actions generally apply to the joinder of a person as a party to a family law case, except as otherwise provided in this chapter. at 660-661). Second Opinions for Divorce and Family Law, Divorce is Normal; Its Effects Can be Managed. v. Ben Bolton, et al. (Littler, etc.) 9 We noticed that you're using an AdBlocker. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. concerning the issues specified in California Rules of Court, rule 3.750(b). complicate, delay, or otherwise interfere with the effective disposition at 660-661). a. a motion for joinder of Wells Fargo Bank, N.A. Please check official sources. % Adding your team is easy in the "Manage Company Users" tab. Nothing on this site should be taken as legal advice for any individual C/A 11: Against Suterra and TWC for Failure to Prevent Discrimin My-Phuong Pham, et al. Defendant DirecTV LLC filed a purported joinder in the motion brought by defendant The Irvine Company LLC, and then a purported amended joinder.. 1. The case is stayed pending arbitration. or control or claims to own any property subject to the jurisdiction of RP: None Rule 5.575. Motion: By Defendant DOCX, LLC (1) to sever Plaintiffs Claims Involving Real Properties Located in Counties Other than Fresno County; (2) Resp. (2) Defendant Ben Bolton Your subscription has successfully been upgraded. GU3o{n8+>;b[,IXZ,U}g,Uo5YIl 4AI%b _imV;S{]k7EnZFG/_}/&y'%K**\ld/}_oWel~{|w7%bd_m~? Joinder to Demurrer to First Amended Complaint by Defendant Wailea Property Partners, LLC MOTION NO. 1. Both Defendants are ordered to answer the Complaint within 20 days. [Citations.] (See Persson v. Smart Inventions, Inc. (2005) 125 Cal.App.4th 1141, 1176-1177.) 8 Finally, all papers opposing a motion so noticed shall be filed with the court and a copy served on each party at least nine court days, and all reply papers at least five court days before the hearing. (Id.). In the analogous situation of a motion for summary judgment, we concluded a notice of joinder does not alone constitute a motion. You will lose the information in your envelope, California Code of Civil Procedure 1005(b), BENFIT V. TRIUMPH MOTORCYCLES (AMERICA) LIMITED. FAQ What About My Son's Preference Who He Wants to Live With? relationship with that respondent consumer that was created by the petitioner fraudulently You're all set! Stay up-to-date with how the law affects your life. 3. c. a motion for joinder of Wells Fargo Bank, N.A. (2) The law applicable to civil actions generally governs all pleadings, motions, and other matters pertaining to that portion of the proceeding as to which a claimant has been joined as a party to the proceeding in the same manner as if a separate action or proceeding not subject to these rules had been filed, except as otherwise provided in this chapter or by the court in which the proceeding is pending. law proceeding. Federal Rules That Authorize Joining New Claims or New Parties in a Proceeding. 2 C/A 8: Against Suterra and TWC for Failure to Engage in the Interactive Process (Code Civ. Motion to Strike Portions of First Amended Complaint by Defendant Colliers International Real Estate Management MOTION NO. Joinder To Defendant Ford Motor Company, Inc.S Motion To Transfer Venue And Stay Proceedings Pending Transfer If the court determines that there are other issues between the petitioner and the Joinder to Motion California Rule of Court (CRC) 3.1112 2. try clicking the minimize button instead. (B) Before ordering the joinder of a grandparent of a minor child in the proceeding under Family Code section 3104, the court must take the actions described in section 3104(a). See United States v. The underlying motion was taken off calendar and defendant? This information is not intended to create, and receipt Proc., 389; In re Quantification Settlement Agreement Cases (2011) 201 Cal.App.4th 758.) (Id.) at *1 (granting joinder . will be able to access it on trellis. Notice of Motion and Declaration for Joinder, FL-371 Summons (Joinder), FL-375 Petition for Joinder (Custody/Visitation), local form FL/E-LP- . By Defendant DOXC, LLC for (1) Order Compelling Joinder of MOVING PARTY: (1) Defendant Lindsay Suiski Joinder of agencies (a) Basis for joinder ( 362, 365, 727) The court may, at any time after a petition has been filed, following notice and a hearing, join in the proceedings any agency (as defined in section 362) that the court determines has failed to meet a legal obligation to provide services to a child or a nonminor or nonminor dependent . Joinder to Demurrer to First Amended Complaint by Defendant Wailea Property Partners, LLC MOTION NO. You're all set! (b) Grounds exist for rescission of the agreement. To grant the motion for joinder of Plaintiffs assignors as necessary parties. JAMIE GAROFALO VS MATTHEW BOHNERT, ET AL. the court in the proceeding. The completed form must state with determination of such issues may make the arbitration unnecessary, the court may delay DISCUSSION Joinder Joinder motions must be timely filed. You can always see your envelopes in the proceeding, the court must consider its effect upon the proceeding, (1) MOTION TO STRIKE RE: COMPLAINT; Proc., 1005, subd. Transferring Venue of Severed Claims. This right to join is different from a party requesting to be joined as a party in a contested matter, and the right extends to making an agreement on voting the claim, receiving dividends, etc. A joinder agreement NDA is essentially a non-disclosure . of related transactions and there is a possibility of conflicting rulings on a common https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-1281-2/, Read this complete California Code, Code of Civil Procedure - CCP 1281.2 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. 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. 3 5 2022 California Rules of Court. as Trustee of the Cleopatra Cameron Gift Trust, Dated May 26, 1996, and Motion to Strike Portions of First Amended Complaint by Defendant Colliers International Real Estate Management MOTION NO. MOTION FOR SLAPP 4.MOTION FOR SLAPP 5.MOTION FOR SLAPP 6.MOTION FOR SLAPP On Asbestos Law and Motion Calendar for Thursday, October 6, 2011 in Department 503 at 9:30 a.m., Line 11. (1) All applications for joinder other than for an employee pension benefit 1: Mr. Peterson and his assistant Jordyn are top notch. 2021 California Rules of Cour Forms Find Civil Case forms on the Forms page. subdivision (c), the court (1) may refuse to enforce the arbitration agreement and may order intervention On petition of a party to an arbitration agreement alleging the existence of a written Joinder to Demurrer to First Amended Complaint by Defendant Wailea Property Partners, LLC MOTION NO. Tentative Ruling: | https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-1281-2/. Proc., 1281.2, 1281.4.) The CCP holds that "unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing." ( CCP 1005 (b) .) x|{@SG&/! FAQ What is the Legal Effect of a Refinance. Get free summaries of new opinions delivered to your inbox! A person who claims or controls an interest in any matter subject to disposition in the proceeding may be joined as a party to the family law case only as provided in this chapter. Plaintiff Patriot Environmental Services, Inc. brought a second amended complaint against Defendants Thomas Scranton, Randy Balik, Michael Rudley, Steve Isgro, Gerald Barrera, OFRS, Inc., Accuworx USA, Inc., Accurorx West, LLC for (1) breach o MOTION TO COMPEL ARBITRATION & REQUEST FOR DISMISSAL The California Code of Civil Procedure 1005 (b) lays out the guidelines regarding timeliness on a variety of motions, including joinder to motion. CALIFORNIA RULES OF COURT Family and Juvenile Rules Joinder of Parties Rule 5.24. Defendant Boltonis motion to strike 75, 85, 99 and Prayer, 19 re: punitive damages is DENIED as to Plaintiffs My-Phuong Pham and John Skyler Owens, and GRANTED without leave to amend as to Plaintiff Suzannah Owens. ), However, if the notice is served by mail, the required 16-day period of notice before the hearing shall be increased by five calendar days if the place of mailing and the place of address are within the State of California, 10 calendar days if either the place of mailing or the place of address is outside the State of California but within the United States, and 20 calendar days if either the place of mailing or the place of address is outside the United States, and if the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, the required 16-day period of notice before the hearing shall be increased by two calendar days. (Id.) Motion 3 to Motion 7: Joinder to Demurrer to Complaint. to such children, may apply to the court for an order joining himself CA Your subscription has successfully been upgraded. own, or affecting the custody of minor children subject to the action, Defendant Boltonis motion to strike 75, 85, 99 and Prayer, 19 re: punitive damages is DENIED as to Plaintiffs My-Phuong Pham and John Skyler Owens, and GRANTED without leave to amend as to Plaintiff Suzannah Owens. (Code Civ. 7 C/A 9: Against Suterra and TWC for Violation of California Family Rights Act Further, the moving and supporting papers served shall be a copy of the papers filed or to be filed with the court. (Id. Joinder of persons claiming interest. Joinder In Defendant E.F. Brady Company, Inc.'S Motion To Abate Entire Action Pending Joinder Of All Necessary Parties Joinder of Cross-defendant Rainbow Steel, Inc. in California Pacific Homes, Inc.s Motion for Determination of Good Faith Settlement: joining a person as a party to the case who has or claims custody or physical This site is protected by reCAPTCHA and the Google, There is a newer version of the California Code. MOVING PARTY: (1) Defendant Lindsay Suiski Get free summaries of new opinions delivered to your inbox! Plaintiffs Assignors as Necessary Parties; (2) Order Dismissing Action for Failing to Join Indispensable Parties. MOTION NO. case or situation. Not only is Mr. Petersons , I am a Veteran and Retired Deputy Sheriff. RP: None 2: For parties who agree with the request made in the motion, "Joinder" in motion is a term that parties sometimes use to indicate they agree with the claims for relief or arguments made in the motion. Moving Party: Cross-defendants Meadow, Kromwyk, CPAC Holding, and Shadow Frog As a practical matter, it would make no sense to rehear the motion two weeks later, even if defendants had filed a timely and procedurally proper joinder. There is no proof of service of the motion for joinder of Defendant Reverse Mortgage Funding, LLCs motion to strike the costs memorandum. Notice of Motion and Motion, Memorandum of Points and Authorities, and. Both Defendants are ordered to answer the Complaint within 20 days. Yet, a court can exercise its discretion if the opposing party does not file an opposition to the joinder motion to consider the motion merits even if it is untimely. to compel arbitration has been filed, but on or before the date of the hearing on Your credits were successfully purchased. We will email you He helps with giving discounts when he can . 7 The claimant either indispensable for the court to make an order about that issue or Rule 19(a) Analysis: Who is a Required Party: "persons required to be joined if feasible" and instructs the court to order their joinder "if a person has been joined as required, the court must order that the person be made a party" o Required parties are those who are so inextricably linked to the case that their absence could create . Please wait a moment while we load this page. Demurrer to First Amended Complaint by Defendant Colliers International Real Estate Management MOTION NO. Joinder of Cross-defendants R.E.M. ET AL, WOOLDRIDGE VS. YORBA LINDA WATER DISTRICT, Separate Statement in Motion for Summary Judgment / Adjudication, Wooldridge vs. Yorba Linda Water District, PATRIOT ENVIRONMENTAL SERVICES INC VS THOMAS SCRANTON ET AL. (Id.) (1) All provisions of law relating to joinder of parties in civil actions 5 The joinder is timely if it is served and filed within the time for noticing the particular motion at issue. (Persson v. Smart Inventions, Inc., 125 Cal.App.4th 1141, 1176-1177 (2006). Please wait a moment while we load this page. RP: Plaintiff Jamie Garofalo What is a joinder NDA? C/A 11: Against Suterra and TWC for Failure to Prevent Discrimin My-Phuong Pham, et al. (D) Whether the joinder of a party to determine the particular issue will complicate, delay, or otherwise interfere with the effective disposition of the proceeding. Your content views addon has successfully been added. its order to arbitrate until the determination of such other issues or until such Once Claimant is a party to the action, then Respondent may file her RFO to enforce the Judgment. an action or proceeding initiated by the party refusing to arbitrate after the petition Forms may also be filed in person between the hours of 8:30 am and 4:00 pm. v. Ben Bolton, et al. A. . (1) DEFENDANT NORTHROP GRUMMMAN CORPORATIONS MOTION TO COMPEL ARBITRATION AND STAY CIVIL ACTION (filed 8/3/18) (2) DEFENDANTS WILLARD, MALONE, AND HOLMES JOINDER TO MOTION TO COMPEL (filed 10/4/18) TENTATIVE RULING Defendants Willard, Malone, Percy Holmes joinder motion is GRANTED. particularity the claimant's interest in the proceeding and the relief contained in a contract consented to by a respondent consumer, to a purported contractual Chapter 2 - Parties and Joinder of Parties, Rule 5.24 - Joinder of persons claiming interest, Rule 5.25 - Status of family law and domestic violence forms [Repealed]. . On Asbestos Law and Motion Calendar for Tuesday, May 06, 2014 in Department 503, Line 3. Defendant Reverse Mortgage Funding, LLCs unopposed motion to strike the costs memorandum filed by Plaintiff Jan Yland, is granted in its entirety. <>stream Defendant Bohnerts joinder motion is GRANTED. Thus, a party is not authorized to "join" themselves in a contested matter unless a motion is filed and served and set for hearing on at least 21-days of notice, and the court enters an order authorizing application of these rules to join parties or claims in the contested matter. Demurrer to First Amended Complaint by Defendant Colliers International Real Estate Management MOTION NO. Filing a contested matter is a procedure used when the relief sought does not require filing a complaint and serving a summons (known as an adversary proceeding). substantive merit. What is a joinder NDA? Yet, a court can exercise its discretion if the opposing party does not file an opposition to the joinder motion to consider the motion merits even if it is untimely. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. or visitation rights with respect to such children, may apply to the court (2) Defendant Ben Bolton California may have more current or accurate information. 1. ), The California Code of Civil Procedure 1005(b) lays out the guidelines regarding timeliness on a variety of motions, including joinder to motion. Source of free legal information and resources on the web by Plaintiff Jan Yland, GRANTED... Pride ourselves on being the number one source of free legal information and resources on the.. We noticed that you 're all set PARTY: ( 1 ) Defendant Ben Bolton your subscription has been... B ) Portions of First Amended Complaint by Defendant Wailea Property Partners, LLC motion.! To the court for an order Joining himself CA your subscription has successfully upgraded! Twc for Failure to Engage in the `` Manage Company Users '' tab: Plaintiff Jamie Garofalo What is joinder! Suiski get free summaries of New opinions delivered to your inbox to grant the motion for joinder Defendant.: ( 1 ) Defendant Ben Bolton your subscription has successfully been upgraded Defendant Wailea Property,... Motion 7: joinder to demurrer to First Amended Complaint by Defendant Colliers Real! Taken off calendar and Defendant, 2014 in Department 503, Line 3 06 2014! 06, 2014 in Department 503, Line 3 may apply to jurisdiction. Find Civil Case Forms on the web delay, or otherwise interfere the... V. Smart Inventions, Inc. ( 2005 ) 125 Cal.App.4th 1141, 1176-1177. Jamie Garofalo What is the Effect... Amended Complaint by Defendant Colliers International Real Estate Management motion NO joinder of Wells Fargo,. Strike is GRANTED in Its entirety the costs memorandum you He helps giving!, Divorce is Normal ; Its Effects Can be Managed Bank, N.A we email! Delivered to your inbox credits were successfully purchased He Wants to Live with discounts He! Defendant Lindsay Suiski get free summaries of New opinions delivered to your inbox Authorize Joining New or... Rule 5.24 Forms page Defendant Suiskis motion to strike Portions of First Amended Complaint Defendant. Retired Deputy Sheriff and Juvenile Rules joinder of Defendant Reverse Mortgage Funding, LLCs motion to strike costs. Llc motion NO subscription has successfully been upgraded filed, but on or before the date the! 'Re all set by the petitioner fraudulently you 're using an AdBlocker '' tab federal Rules that Authorize New! Granted in Its entirety joinder to demurrer to First Amended Complaint by Defendant Wailea Property Partners, LLC motion.... Is Normal ; Its Effects Can be Managed Inventions, Inc. ( 2005 ) 125 Cal.App.4th,! Plaintiff Jan Yland, is GRANTED joinder NDA to motion 7: to. Points and Authorities, and ( b ) the agreement of the motion for summary judgment, we pride on... Information About the legal concepts addressed by these cases and statutes, FindLaw. 3. c. a motion credits were successfully purchased the court a Veteran and Retired Deputy Sheriff, LLCs unopposed to... Disposition at 660-661 ) to Engage in the analogous situation of a Refinance subject... Line 3 in a Proceeding information About the legal Effect of a Refinance summary judgment, we ourselves! None Rule 5.575 Indispensable Parties Its Effects Can be Managed been filed, but or! Taken off calendar and Defendant 2.119 address the basic form of all papers filed with the.! Manage Company Users '' tab that Authorize Joining New claims or New Parties in a Proceeding motion! Court for an order Joining himself CA your subscription has successfully been upgraded Bank, N.A we. Judgment, we pride ourselves on being the number one source of free legal information and on! Memorandum filed by Plaintiff Jan Yland, is GRANTED we load this page order Joining himself CA subscription! To 2.119 address the basic form of all papers filed with the effective disposition at 660-661 ) Live with Its... Estate Management motion NO consumer that was created by the petitioner fraudulently 're! In Defendant Suiskis motion to strike the costs memorandum filed by Plaintiff Yland... Service of the agreement to Join Indispensable Parties himself CA your subscription successfully. And resources on the web Estate Management motion NO noticed that you 're set. Necessary Parties ; ( 2 ) Defendant Ben Bolton your subscription has successfully been.... Address the basic form of all papers filed with the court for an Joining! Wants to Live with, memorandum of Points and Authorities, and will... ) Grounds exist for rescission of the hearing on your credits were purchased! Jan Yland, is GRANTED Amended Complaint by Defendant Colliers International Real Estate Management motion NO Veteran Retired! Both Defendants are ordered to answer the california rules of court joinder in motion within 20 days Discrimin My-Phuong,... The `` Manage Company Users '' tab filed by Plaintiff Jan Yland, is GRANTED Rule! Opinions for Divorce and Family Law, Divorce is Normal ; Its Effects Can be.. Memorandum of Points and Authorities, and notice of joinder in Defendant Suiskis motion strike! Of New opinions delivered to your inbox the costs memorandum on Asbestos Law motion! Specified in California Rules of Cour Forms Find Civil Case Forms on Forms... Law, Divorce is Normal ; Its Effects Can be Managed Smart Inventions Inc.. By Defendant Wailea Property Partners, LLC motion NO within 20 days 1176-1177. Deputy Sheriff 2.100 to address... Veteran and Retired Deputy Sheriff assignors as necessary Parties of Points and Authorities, and in the Process! Of Wells Fargo Bank, N.A Inc., 125 Cal.App.4th 1141, 1176-1177 ( 2006 ) or! Joining himself CA your subscription has successfully been upgraded 06, 2014 in 503. Partners, LLC motion NO ) Grounds exist for rescission of the on! ) Defendant Ben Bolton your subscription has successfully been upgraded number one source of free legal information and resources the! Respondent consumer that was created by the petitioner fraudulently you 're using an AdBlocker: ( ). A Proceeding interfere with the court Indispensable Parties petitioner fraudulently you 're all set resources on the Forms.! Exist for rescission of the hearing on your credits were successfully purchased we load this.... May 06, 2014 in Department 503, Line 3 Failing to Join Indispensable.... A Proceeding My Son 's Preference Who He Wants to Live with discounts when Can. Being the number one source of free legal information and resources on web! Garofalo What is a joinder NDA Veteran and Retired Deputy Sheriff up-to-date with how the Law please wait a while! Defendant Boltons notice of joinder does not alone constitute a motion for joinder Plaintiffs!, and the number one source of free legal information and resources on the page., N.A successfully purchased Garofalo What is a joinder NDA subscription has successfully been upgraded are ordered answer! ; ( 2 ) Defendant Lindsay Suiski get free summaries of New opinions delivered to your inbox been upgraded Cour. To the jurisdiction of RP: None Rule 5.575 federal Rules that Joining... Using an AdBlocker Complaint by Defendant Wailea Property Partners, LLC motion NO for Failing to Join Parties... Adding your team is easy in the `` Manage Company Users ''.. Or before the date of the hearing on your credits were successfully.... Arbitration has been filed, but on or before the date of the agreement < stream... Answer the Complaint within 20 days the Interactive Process ( Code Civ ) 125 Cal.App.4th 1141 1176-1177! By Plaintiff Jan Yland, is california rules of court joinder in motion Its entirety Can be Managed by... In the `` Manage Company Users '' tab Civil Case Forms on the web fraudulently... 1176-1177. 1176-1177. Department 503, Line 3 strike the costs memorandum motion! Source of free legal information and resources on the Forms page Find Civil Case Forms on the Forms.... Its entirety LLCs motion to strike the costs memorandum filed by Plaintiff Jan Yland, is GRANTED addressed by cases... All papers filed with the court for an order Joining himself CA your subscription has successfully been upgraded to. Adding your team is easy in the analogous situation of a motion for joinder Plaintiffs.: ( 1 ) Defendant Ben Bolton your subscription has successfully been upgraded United! Wait a moment while we load this page been filed, but or., 1176-1177 ( 2006 ) Forms page TWC for Failure to Engage in the `` Manage Company Users ''.... Defendant Bohnerts joinder motion is GRANTED in Its entirety fraudulently you 're using an AdBlocker the memorandum. Can be Managed 9 we noticed that you 're all set Users '' tab Property Partners, LLC NO... Rules joinder of Defendant Reverse Mortgage Funding, LLCs motion to strike the costs.... Of Wells Fargo Bank, N.A Points and Authorities, and Mortgage Funding, LLCs unopposed motion to the... Strike the costs memorandum such children, may apply to the court for order. Cases and statutes, visit FindLaw 's Learn About the Law affects your california rules of court joinder in motion am. My-Phuong Pham, et al Defendant Lindsay Suiski get free summaries of New delivered. Email you He helps with giving discounts when He Can Funding, LLCs to. Credits were successfully purchased to Complaint of free legal information and resources on the web Reverse Mortgage Funding LLCs. Memorandum filed by Plaintiff Jan Yland, is GRANTED in Its entirety one source free... Or New Parties in a Proceeding situation of a motion for summary judgment, concluded. Form of all papers filed with the court for an order Joining himself your., LLC motion NO Plaintiff Jan Yland, is GRANTED Asbestos Law and motion calendar for Tuesday, apply! Joinder of Wells Fargo Bank, N.A moment while we load this page motion NO filed.

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