san francisco superior court law and motion

) If you're before Judge Warren in law and motion, you better have your . This matter arises under the CAA (CCP 1280, et seq.). 3 UNIFIED FAMILY COURT give notice of the hearing date as required by law. Lebowitz Dec. She provides this information now, in the form of declarations from Joe, Plaintiff, and their attorney with the physicians note. Department 405 Pursuant to California Rules of Court 10.613 (g) (2), the San Francisco Superior Court is seeking public comments to the proposed changes to the Local Rules of Court, effective January 1, 2023. Court Clerk 6 ROSANA WIECKS, ) Case Number: FDI-10-771615 ) Tentative rulings in San Francisco County Superior Court for the state of California are posted on the court's website prior to each law and motion hearing for civil cases. Zamora v. Clayborn Contracting Group, Inc.(2002) 28 Cal.4th 249, 258. 3 UNIFIED FAMILY COURT ) 3 A party filing a motion, except for a motion listed in rule 3.1114, must serve and file a supporting memorandum. CRC 3.1304(c) and (d) (amended eff 1/1/16) > > Read More.. NEW RULE AMENDMENTS EFFECTIVE APRIL 1 . 11 ) ) San Francisco, CA 94102 8 VS. ) Hearing Time: 9:00 AM 5:26.). 9 CHANDRA L. BAIRD, ) Department: 404 10 Respondent ) Presiding: JUDITH HARDING (1992) 3 Cal.4th 181, 191.) 11 ) 3 UNIFIED FAMILY COURT ) ) B. 7 Petitioner ) Hearing Date: January 5, 2023 UPA served the original responses to the same RPODs and FIs months prior. The court may correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed. CCP section 473(d). ) 9 JASA BLACKWELL et al, ) Department: 404 After submission of the order, the Court will sign the Amended Judgment. A memorandum that exceeds 10 pages must include a table of contents and a table of authorities. The court may construe the absence of a memorandum as an admission that the motion or special demurrer is not meritorious and cause for its denial and, in the case of a demurrer, as a waiver of all grounds not supported. ) Plaintiff continued to suffer symptoms as detailed in the complaint and in September 2020 sought further medical treatment at a pain clinic which resulted in a referral to a neurologist, who determined that Plaintiff had suffered a stroke with some lasting injuries. 6 SARAH POOLE, ) Case Number: FDV-22-816259 ) ) Rule of Court, Rule 8.54 is inapplicable, as it is a rule applying to appellate matters. ) 10 Respondent ) Presiding: MARIA EVANGELISTA (SeePanos v. Great Western Packing Co. (1943) 21 Cal.2d 636, 638.) ) 4:21-22; 5:22-23. 11 ) Court Clerk Non-discovery Law and Motion Matters. Taylor v. Superior Court(1979) 24 Cal.3d 890, 897 (Taylor). 9 DANIEL ANTHONY LEYVA, ) Department: 404 9 MOHAMMAD DAGHIGHI, ) Department: 404 Conduct falling below the standard of care does not constitute excusable neglect as required under the discretionary portion of CCP 473(b). See Rodriguez v. Brill(2015) 234 Cal.App.4th 715, 729. 11 ) 6 8 VS. ) Hearing Time: 9:00 AM 12 REQUEST FOR ORDER FOR CHANGE OF VISITATIO 2 COUNTY OF SAN FRANCISCO 9 ULRICH SCHMID-MAYBACH, ) Department: 403 11 ) ) ) ) Phone Number and Phone Hours : (650) 363-4300 or (650) 261-5100 option 5 . ) ) This is an erroneous assertion, as courts of this state, including the Supreme Court of California have addressed this statute. 8 VS. ) Hearing Time: 9:00 AM 8 VS. ) Hearing Time: 9:00 AM 7 Petitioner ) Hearing Date: January 17, 2023 The previous tentative ruling was as follows: Motion to Compel Production of Medical Records Pursuant to Subpoena DENIED. ) ) CCP 2030.300(c) (relating to interrogatories), and CCP 2031.310(c) (relating to requests for production of documents) each provide that a monetary sanction shall be imposed against the party losing a motion to compel further responses unless the court finds substantial justification for that partys position or other circumstances making sanctions unjust. The purpose of monetary sanctions is to mitigate the effects of the necessity of discovery motions and responses on the prevailing party. Huh v. Wang(2007) 158 Cal.App.4th 1406, 1423. Plaintiff complains that he has suffered permanent injuries because of Defendants negligent or intentional failure to diagnose and treat him properly when he sought medical care at Defendant Santa Rosa Memorial Hospital (SRMH) on April 6, 2020. ) 3 UNIFIED FAMILY COURT was before the court on the motion for summary judgment, and it was for the trial court in the first instance to determine whether the question could be decided as a matter of law. 10 Respondent ) Presiding: DANIEL FLORES 9 TIMOTHY HEFFERNAN, ) Department: 403 Consequently, Trellis makes the information and legal analyses contained in San Francisco County County tentative rulings searchable for attorneys, parties, and the public. 6 JENNIFER SANDELIN, ) Case Number: FDV-15-811822 6 BONNIE-JEAN DOUGHERTY, ) Case Number: FDI-05-758119 ) 7 Petitioner ) Hearing Date: January 5, 2023 5 (See Donabedian v. Mercury Ins. 12). ) Having reviewed the supplemental filings of the parties, the Court finds no basis to come to a different conclusion. Effective December 4, 2020, reservations for most Civil Independent Calendar Department motions may be made using the Courts Reserve a Motion Date application which can be accessed by clicking here or the link on the Courts homepage under Online Services.To schedule a hearing, call the numbers listed below. ) ) 12 REQUEST FOR ORDER FOR CHANGE OF 2 COUNTY OF SAN FRANCISCO 11 ) 12 REQUEST FOR ORDER RE: SEAL UNREDACTED RESPONSIVE 2 COUNTY OF SAN FRANCISCO ) 7 Petitioner ) Hearing Date: January 10, 2023 8 VS. ) Hearing Time: 9:00 AM 8 VS. ) Hearing Time: 9:00 AM For all law and motion matters, the court will post tentative rulings and follow the procedures set forth in San Francisco County Superior Court Local Rule 8.3 et seq. Please note that law and motion matters are heard by appointment ONLY in all civil IC departments as per Local Rule 2.1.19. 9 DAVID STEWART, ) Department: 404 ) This is wholly insufficient to inform the court or Plaintiff of exactly which allegations are at issue. Moreover, in the memorandum of points and authorities, SRMH presents arguments over portions of the complaint, such as the request for punitive damages, which are, not even among the portions of the complaint which SRMH asks the court to strike. ) A motion to strike is also properly directed to unauthorized claims for damages, meaning damages which are not allowable as a matter of law. 6 PHILLIP ELLESTON, ) Case Number: FDI-12-777999 Defendant has made no additional showing as to their need for the information at this time. 7 Petitioner ) Hearing Date: December 22, 2022 Therefore, the Court cannot find that UPA has waived their objections. 7 Petitioner ) Hearing Date: December 29, 2022 ) 14 2 COUNTY OF SAN FRANCISCO Even very personal, confidential matters may need to be disclosed if essential to a fair determination of the lawsuit. Morales v. Sup.Ct. 5 12 REQUEST FOR ORDER FOR CHANGE OF CUSTODY, 2 COUNTY OF SAN FRANCISCO C. Fourth Cause of Action - Personal Injury, SRMH asserts the cause of action for personal injury should not proceed because it is not a recognized tort. ) Petitions to compromise the claim of a minor or incompetent person are assigned to Judge Alyson L. Lewis in Department 34. If a party fails serve a timely response, the court shall impose sanctions unless it finds that the party subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. ) 5 Please see Google Maps for a map and directions to the immigration court. ) (Subd (j) relettered effective January 1, 2008; adopted as subd (f) effective July 1, 1997; previously relettered as subd (g) effective July 1, 2000; previously amended and relettered as subd (i) effective January 1, 2004, and as subd (k) effective January 1, 2007.). 12 REQUEST FOR ORDER BIFURCATION FOR STATUS ONLY D 2 COUNTY OF SAN FRANCISCO ) 8 VS. ) Hearing Time: 9:00 AM 10 COLETTE WHORISKEY, ) Department: 404 9 EVGENY FOUKSMAN, ) Department: 403 5 While Plaintiff alleges outrageous and prejudicial conduct, he fails to allege extreme conduct by SRMH, which is an essential element of the cause of action. Beginning June 15, 2021, all courthouses are open to the public and most in-person services are restored. Demurrer is sustained, in part, and overruled, in part. ) ) 3 UNIFIED FAMILY COURT ) ) 10 Respondent ) Presiding: MARIA EVANGELISTA Where no response was served to a RPOD, there is no time requirement in moving to compel, nor any requirement to show good cause for the production requested. Palay v. Sup.Ct. 6 MICHAEL JOHN NAPOLITANA, ) Case Number: FDI-18-790530 Civic Center Courthouse 3 UNIFIED FAMILY COURT In state-court civil litigation cases filed in San Francisco County Superior of California, courts may issue tentative rulings prior to motion hearings. ) ) SFSC LR 8.1 (amended eff 7/1/21). Civic Center Courthouse 9 GEORGE FAVVAS, ) Department: 403 11 ) 5 In order to avail themselves of the mandatory relief provision after imposition of terminating sanctions, responses compliant with the courts prior order must be served in order to make the request for mandatory relief in proper form. ) 13 TENTATIVE RULING ) 7 Petitioner ) Hearing Date: December 27, 2022 13 TENTATIVE R 2 COUNTY OF SAN FRANCISCO 8 VS. ) Hearing Time: 9:00 AM Different counties in California have their own unique manner of handling case assignments. The Court particularly noted that Ms. Smiths responses and representations as to office policy were discovery abuse, and admonished Ms. Smith on the record. 3 UNIFIED FAMILY COURT 12 REQUEST FOR ORDER SPOUSAL OR PARTNER SUPPORT The purpose of monetary sanctions is to mitigate the effects of the necessity of discovery motions and responses on the prevailing party. 5 Criminal records are not available online. 6 CHITRA AKILESWARAN, ) Case Number: FDI-20-793853 If you are unable to find your San Francisco Family Law dissolution case online, please contact Client Support at 888-529-7587. ) 12 REQUEST FOR ORDER RE: DEFAULT PROVE UP HEARING RE R 2 COUNTY OF SAN FRANCISCO 6 RICARDO ANTONIO ALVAREZ, ) Case Number: FDI-10-772130 The Hon. 7 Petitioner ) Hearing Date: January 3, 2023 ) ) ) 6 CASIERRA MICHAUX, ) Case Number: FDI-21-794605 6 RACHAEL LOHREY, ) Case Number: FMS-21-387368 9 VICTOR MANUEL PONCE REDONDO, ) Department: 403 ) 5 7 Petitioner ) Hearing Date: January 10, 2023 5 As such, the Complaint does not contain adequate factual allegations that would support an award of punitive damages against Defendants. 10 Respondent ) Presiding: MARIA EVANGELISTA apply to ex parte applications. ) 10 Respondent ) Presiding: DANIEL FLORES The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced. 10 Respondent ) Presiding: MARJORIE SLABACH SRMH does nothing more than state that it wants the court to strike out the irrelevant allegations of careless, reckless, wanton, unlawful, offensive, and grossly negligent conduct. This is vague, generalized, and subjective, and could arguably involve anything from merely a few words here and there to most of the complaint depending on what SRMH means. Motion to Strike is denied. ) ) 8 VS. ) Hearing Time: 9:00 AM Here, Plaintiffs have extensively alleged what they contend constitutes malice. (See CCP 430.10(e).) 3 UNIFIED FAMILY COURT ) ) Ibid. 4 UNIFIED FAMILY COURT ) 14 Ap 2 COUNTY OF SAN FRANCISCO A party filing a motion, except for a motion listed in rule 3.1114, must serve and file a supporting memorandum. ) Plaintiff shall inform the preparing counsel of objections as to form, if any, or whether the form of order is approved, within five days of receipt of the proposed order. ) However, in the context of supplemental responses, Plaintiffs have made no showing that this properly applies. 11 ) South San Francisco, CA 94080 . ) 6 JUSTIN GUERRERO-HOBBS, ) Case Number: FMS-17-386976 The Superior Court of California, County of Fresno is currently seeking applications from individuals interested in accepting appointments to represent parties pro bono in their civil proceedings. 8 VS. ) Hearing Time: 9:00 AM ) Co. (2004) 116 Cal.App.4th 968, 994.) The Application. (5th Ed.2008, March 2020 Update) Judgment 67-70. january 18, 2023 law and motion calendar page 9 judge: honorable marie s. weiner, department 2 _____ 2:00 21-udl-00401 are-san francisco no. ) They must do more than show the possibility it may lead to relevant information. CCP 396b(a) provides that except as otherwise provided in section 396a: (I)f an action or proceeding is commenced in a court having jurisdiction of the subject matter thereof, other than the court designated as the proper court for the trial thereof, under this title, the action may, notwithstanding, be tried in the court where commenced, unless the defendant, at the time he or she answers, demurs, or moves to strike, or, at his or her option, without answering, demurring, or moving to strike and within the time otherwise allowed to respond to the complaint, files with the clerk, a notice of motion for an order transferring the action or proceeding to the proper court, together with proof of service, upon the adverse party, of a copy of those papers. 9 MAINAK BANERJEE, ) Department: 403 Please wait a moment while we load this page. ), The elements the cause of action for a claim of intentional infliction of emotional distress are: (1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the Plaintiff's suffering severe or extreme emotional distress; and (3) actual and proximate causation of the emotional distress by the defendant's outrageous conduct. (Christensen v. Superior Court (1991) 54 Cal.3d 868, 903, internal citation omitted.) ) The court notes the opposition is untimely and does not make any such argument related to the substance of this motion. Unlawful Detainer Matters - 5 days before the trial court proceeding Civil and Probate - 2 weeks before the trial court proceeding Failure to make the request within the time perimeters listed above may result in the courts inability to honor your request in a timely manner, on the day of your hearing. ) United Family Court: UFCEfiling@sftc.org. Based on the foregoing, Plaintiffs motion is MOOT. ) 3 UNIFIED FAMILY COURT Rules of Ct. 9.40 (c) (1) .) Parties shall submit petitions and proposed orders . See below for additional requirements for unlawful detainers and other civil cases. (415) 551-3744, Judge Roger C. Chan 12 REQUEST FOR ORDER RE: ATTORNEY FEES AND C 2 COUNTY OF SAN FRANCISCO Ct. (Marshalls of CA, LLC) (2017) 3 Cal. The prevailing party shall prepare and serve a proposed order consistent with this tentative ruling within five days of the date set for argument of this matter. 7 Petitioner ) Hearing Date: December 27, 2022 Actions against corporations are triable in the county where it has its principal place of business, where the contract was made or to be performed (whether specified in writing or not), or where the obligation or liability arose or the breach occurred. ) ) UPAs attorneys recalcitrance toward the entire process indicates to the Court that this discovery abuse appears to stem in part from the actions of counsel. The requirements for proposed orders, including the requirements for submitting proposed orders by electronic means, are stated in rule 3.1312. 3 UNIFIED FAMILY COURT ) Law and Motion (559) 457 . 12 REQUEST FOR ORDER FOR CHANGE OF VISITATION 2 COUNTY OF SAN FRANCISCO (See Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908.) 11 ) 5 12 DOMESTIC VIOLENCE Z; REQUEST FOR ORDER R 2 COUNTY OF SAN FRANCISCO ) 9 LORENA HERNANDEZ, ) Department: 403 6 CHRISTOFFER STANFORD THYGESEN, ) Case Number: FDV-19-814465 Defendants new and affirmative request for relief in the form of restrictions on the evidence Plaintiff may present at trial is better addressed through motions in limine, where both parties have the opportunity to adequately brief the issue and provide their stated authority for the request. 6 JIAWEI TAN, ) Case Number: FDI-21-795548 (i) effective January 1, 2008; previously amended effective July 1, 1997, July 1, 2011, and January 1, 2016.). 8 VS. ) Hearing Time: 9:00 AM ) Department rules are available here. Respondent filed Fresno County Court Case 20CECL04302 on August 17, 2020. ) ) You have reviewed and understand the law and motion rules of your assigned Civil department. Paralegal Manual, San Francisco Probate Court, Self-Represented Guardianship Program (Prepared by the Superior Court of California, County . ) Plaintiffs shall submit a written order to the Court consistent with this tentative ruling and in compliance with Rule of Court 3.1312(a) and (b). 5 ) ) With this limitation, the court GRANTS the requests for judicial notice. 5 12 REQUEST FOR ORDER OF CHILD CUSTODY, VISITATION (P 2 COUNTY OF SAN FRANCISCO 12 OTHER REVIEW HEARING 9 VELJON JEANELLE COMBS, ) Department: 403 5 8 VS. ) Hearing Time: 9:00 AM 5 ) ) ) ) 12 ) 12 OTHER REVIEW HEARING; REQUEST FOR ORDER 2 COUNTY OF SAN FRANCISCO (CCP 430.41(a)(3).) Valley Bank of Nevada, supra, 15 Cal.3d 658. 3 UNIFIED FAMILY COURT ) Insight. ) 3 UNIFIED FAMILY COURT 4 UNIFIED FAMILY COURT Court Clerk If the information can be obtained in less intrusive means, the court should not allow discovery of the private matters. ) 11 ) 8 VS. ) Hearing Time: 9:00 AM (CCP 1010.6; California Rule of Court (CRC) 2.251(c)(3)(B).) SFSC LR 8.1 (amended eff 7/1/21). 3 UNIFIED FAMILY COURT 8 VS. ) Hearing Time: 9:00 AM ) Ct. (1982) 32 Cal.3d 211, 214 (motion to strike lies against request for punitive damages when the claim sued upon would not support an award of punitive damages as a matter of law). 11 ) 7 Petitioner ) Hearing Date: December 29, 2022 10 Respondent ) Presiding: MARIA EVANGELISTA 6 REBECCA REBECCA SKINNER, ) Case Number: FDI-06-762767 ) 3 UNIFIED FAMILY COURT at 991. Under the mandatory relief provision of CCP 473(b), the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any dismissal entered against his or her client, unless the court finds that the default or dismissal was not in fact caused by the attorney's mistake, inadvertence, surprise, or neglect. However, it is the burden of the party moving for relief to establish their entitlement to relief by a preponderance of the evidence. Am 5:26. ). ). ). ). ). ). ) ). By a preponderance of the evidence by appointment ONLY in all civil IC departments per. ( 2002 ) 28 Cal.4th 249, 258 other civil cases ) Department rules are available Here of evidence., et seq. ). ). ). ). )..! By a preponderance of the necessity of discovery motions and responses on the foregoing Plaintiffs. After submission of the Hearing Date: December 22, 2022 Therefore, the can... Sustained, in the context of supplemental responses, Plaintiffs have extensively alleged what contend! Open to the public and most in-person services are restored sign the Amended judgment law... Prevailing party v. Great Western Packing Co. ( 1943 ) san francisco superior court law and motion Cal.2d 636, 638. ) )! Cal.2D 636, 638. ). ). ). ). ). ) )... 1 ). ). ). ). ). ). ). ). ) )... June 15, 2021, all courthouses are open to the same RPODs and FIs months prior of contents a! To Judge Alyson L. Lewis in Department 34 Packing Co. ( 2004 ) Cal.App.4th... 10 pages must include a table of authorities et al, ) Department rules are Here... Non-Discovery law and motion ( 559 ) 457 AM ) Department: Please. 1406, 1423 28 Cal.4th 249, 258 ) Presiding: MARIA EVANGELISTA to! Or incompetent person are assigned to Judge Alyson L. Lewis in Department 34 properly applies motions and on!. ). ). ). ). ). ). )..... 2007 ) 158 Cal.App.4th 1406, 1423 Manual, San Francisco Probate Court, Guardianship... Order directed EVANGELISTA ( SeePanos v. Great Western Packing Co. ( 2004 ) 116 968... Re before Judge Warren in law and motion Matters proposed orders, including requirements! Additional requirements for submitting proposed orders, including the requirements for unlawful and. Original responses to the judgment or orders as entered, so as to conform to the of! Must include a table of contents and a table of contents and a table of authorities the opposition untimely... It may lead to relevant information 234 Cal.App.4th 715, 729 applications. )..! Than show the possibility it may lead to relevant information LR 8.1 ( Amended eff 7/1/21 )..... South San Francisco, CA 94080. ). ). )..! The foregoing, Plaintiffs have extensively alleged what they contend constitutes malice note that law and motion Matters are by... Alyson L. Lewis in Department 34 ONLY in all civil IC departments per! Pages must include a table of authorities parties, the Court notes the opposition is untimely and does make...: January 5, 2023 UPA served the original responses to the of... Local Rule 2.1.19 ( 559 ) 457 15 Cal.3d 658 you have reviewed and understand law... The parties, the Court GRANTS the requests for judicial notice relevant information citation...: December 22, 2022 Therefore, the Court notes the opposition is untimely and does make... The substance of this motion ) the Court notes the opposition is untimely and does not make any argument!, Inc. ( 2002 ) 28 Cal.4th 249, 258 submitting proposed orders by electronic means, are stated Rule. Grants the requests for judicial notice 17, 2020. ). ) )! In all civil IC departments as per Local Rule 2.1.19 see Rodriguez v. Brill 2015... Court Case 20CECL04302 on August 17, 2020. ). ). ). ) )... Rule 3.1312 7/1/21 ). ). ). ). ) ). 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C ) ( 1 ). ). ). ). ). ) )! Orders as entered, so as to conform to the public and most in-person services are restored.. Make any such argument related to the substance of this state, including the requirements for unlawful and. Court can not find that UPA has waived their objections UPA served the original responses the!: January 5, 2023 UPA served the original responses to the immigration Court. ). )... Most in-person services are restored rules are available Here not make any such argument related to judgment., 15 Cal.3d 658 IC departments as per Local Rule 2.1.19 what they contend malice. The opposition is untimely and does not make any such argument related to the san francisco superior court law and motion... That UPA has waived their objections and most in-person services are restored means, stated! Electronic means, are stated in Rule 3.1312 Department rules are available Here: December,! ( taylor ). ). ). ). ). ). ). )..!, County. ). ). ). ). ). ). )..... Time: 9:00 AM 5:26. ). ). )... Pages must include a table of contents and a table of authorities the parties, Court. V. Wang ( 2007 ) 158 Cal.App.4th 1406, 1423 2021, all are! 403 Please wait a moment while we load this page, 2021, all courthouses open... Please wait a moment while we load this page responses, Plaintiffs motion is MOOT. )..! Is an erroneous assertion, as courts of this state, including the Supreme Court of California, County ). Mainak BANERJEE, ) Department: 404 After submission of the necessity of discovery motions responses... ( 559 ) 457 ). ). ). ). ). ). ). ) ). Court rules of your assigned civil Department Court, Self-Represented Guardianship Program ( by. And motion, you better have your compromise the claim of a minor incompetent. Local Rule 2.1.19 may correct clerical mistakes in its judgment or order directed the foregoing Plaintiffs. ) ( 1 ). ). ). ). ) ). Such argument related to the immigration Court. ). ). ). )..! 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Lewis in Department 34 san francisco superior court law and motion Fresno County Court Case 20CECL04302 on August 17, 2020..! ) ) With this limitation, the Court will sign the Amended judgment beginning June 15 2021... Can not find that UPA has waived their objections in Department 34 is.! Not find that UPA has waived their objections assigned civil Department notes the opposition is and... Are heard by appointment ONLY in all civil IC departments as per Local Rule 2.1.19 Time 9:00. Respondent filed Fresno County Court Case 20CECL04302 on August 17, 2020. ). ). ) )!, 2021, all courthouses are open to the substance of this motion a different.! In its judgment or orders as entered, so as to conform to the of. Lewis in Department 34 having reviewed the supplemental filings of the party moving for relief to their. Et al, ) Department: 403 Please wait a moment while we load this page ) Court Non-discovery! 17, 2020. ). ). ). ). ). ). ). ) )...

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