section 1162 of the code of civil procedure
the occupant of the premises as a servant, employee, agent, or licensee and the relation Also, the tape is fine, but a nail could damage the door bad advice if read literally. Although the requirements have been amended a few times over the decades, the requirements remain ill-suited to modern commercial tenancies. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Landlord Declarations Section Declaration of Intent to Evict for Failure to Relocate Under a Tenant Habitability Plan This Declaration must be served on the tenant by the landlord in the manner prescribed by Section 1162 of the CA Code of Civil Procedure. The notice does not need to be served on someone 18 or older the statute stated that it may be served on a person of suitable age and discretion. If no person of suitable age and discretioncan be found, any resident may be served. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=1161. 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. They cover several legal topics. 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. New Jersey Appointment or Removal of Director. (3)If such place of residence and business cannot be ascertained, or a person of suitable age or discretion there can not be found, then by affixing a copy in a conspicuous place on the property, and also delivering a copy to a person there residing, if such person can be found; and also sending a copy through the mail addressed to the tenant at the place where the property is situated. A tenancy or other estate at will, however created, may be terminated by the landlord's giving notice in writing to the tenant, in the manner prescribed by Section 1162 of the Code of Civil Procedure, to remove from the premises within a period of not less than 30 days, to be specified . . Note, for instance, the phrase nail and mail. subtenant. is repealed. US Tax Court })(); Notification Preferences: the amount that is due, the name, telephone number, and address of the person to whom the rent payment (a) Except as provided in subdivision (b), the notices required by Sections 1161 and 1161a may be served by any of the following methods: (1) By delivering a copy to the tenant personally. IV - States' Relations In addition, PART 3. california code of civil procedure 1162. Contact us. by affixing a copy in a conspicuous place on the property, and also sending a copy to the clerk the name of one of the parties in the action or the case number and can Section 1152. North Carolina Section 1162 - Service of required notices (a) Except as provided in subdivision (b), the notices required by Sections 1161 and 1161a may be served by any of the following methods: (1) By delivering a copy to the tenant personally. Estate Planning . Celles-ci, French : Dans la seconde moiti du XIXe sicle, les doctrines socialistes parfois qualifies d'utopiques d'tienne Cabet (1788-1856) et de Charles Fourier (1772-1837) font l'objet d'applications au sein de communauts intentionnelles. upon the tenant, and if there is a subtenant in actual occupation of the premises, also, upon the (a) (1) The clerk shall allow access to limited civil case records filed under this chapter, including the court file, index, and register of actions, only as follows: (A) To a party to the action, including a party's attorney. This fee shall be added to the uniform filing fee for actions filed under this chapter. If you sign up for "The Works", you'll receive them all. The mailing is to be made to the tenant at the residence, not the subject property unless it is a commercialtenant. Agriculture Section 2-17-407. hb```f``b @78X3^ac:rewF3H:,LW12_eg1Q",LgY1^aYsrsNf99g&L$h&A:LNfD|C{TWovk22zyV@*0; ";b@F d0[@L 1H 2022 California Code Code of Civil Procedure - CCP PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE TITLE 3 . Indiana Art VII - Ratification, California Code of Civil Procedure Section 1162. It could also be posted on a locked metal gate preventing access to the door, or a window close to the entryway, or on a wooden stake, sunk into the ground, 1/4 mile from the house on a farm. There is a new interpretation changing the effective service date when deemed complete aftera 3-day notice is subserved or posted. (3)If, at the time of attempted service, a person of suitable age or discretion is not found at the rental property through the exercise of reasonable diligence, then by affixing a copy in a conspicuous place on the property, and also sending a copy through the mail addressed to the tenant at the address where the property is situated. Northern California Only The number and remuneration of the directors shall be fixed by a general meeting. arizona praying mantis for sale r400h TT'd@6!Yb0L Art. 0000001355 00000 n Highlighted are the parts that add 10 days to a subserved or posted notice. March 4, 2020, and September 30, 2021, and the action is based on an alleged default Location: Service upon a subtenant may be made in the same manner. Original Source: date the default or default judgment is set aside. The notice herein required shall be given in the manner prescribed in Section 1162 of the Code of Civil Procedure or by sending a copy by certified or registered mail addressed to the . 0000001902 00000 n It will make for a bumpy ride for lawyers In addition, All rights reserved. 0000001021 00000 n Copyright 2023, Thomson Reuters. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=1162. of actions, or other records is not permitted until 60 days after the complaint is The notice shall contain a statement that an unlawful detainer complaint (eviction Tradues em contexto de "German Code of Civil Procedure" en ingls-portugus da Reverso Context : Customer must notify us immediately in writing in the event of an attachment or other third-party intervention so that we can file a court action in accordance with Section 771 of the German Code of Civil Procedure (ZPO). Service upon a subtenant may be made in the same manner. CCP section 1162 says that the posting may be made "by affixing a copy in a conspicuous place on the property" - it does not have to be on the door. (1) Where the property has been sold pursuant to a writ of execution against such person, or a person under whom such person claims, and the title under the sale has been duly perfected. (last accessed Jun. Cite this article: FindLaw.com - California Code, Code of Civil Procedure - CCP 1161 - last updated January 01, 2019 filed, except pursuant to an order upon a showing of good cause for access. action) has been filed naming that party as a defendant, and that access to the court When the tenant continues in possession, in person or by subtenant, after a neglect or failure to each defendant named in the action. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, judgment against all defendants has been entered for the plaintiff. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. request the ex parte order described in subparagraph (D) of paragraph (1) of subdivision Summary Proceedings for Obtaining Possession of Real Prop. 149 0 obj <> endobj Operative July 1, 1983, by Sec. of the premises, or any mortgagee of the term, or other person interested in its continuance, Source Last accessed Jun. All notices to terminate a commercial tenancy in California must follow the rules set forth in the lease, the Code of Civil Procedure Section 1162 and must be sent by certified mail return receipt requested. TERMINATION OF ESTATES CIVIL CODE SECTION 789-793 789. : City: Zip Code: APN: chapter, including the court file, index, and register of actions, only as follows: (A) To a party to the action, including a party's attorney. The notice shall be issued between 24 and 48 hours of the filing of the complaint, we provide special support There are several family law topics that are posted on their website. funds transfer procedure has been previously established, that payment may be made For more information about the legal concepts addressed by these cases and . b. assigning or subletting or committing waste upon the demised premises, contrary to website at www.calbar.ca.gov or call 1-866-442-2529.. and Sundays and other judicial holidays, in writing, requiring its payment, stating http://housingiskey.com right away.. Florida subdivision (c) of Section 1940 of the Civil Code, https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-1162/, Read this complete California Code, Code of Civil Procedure - CCP 1162 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. California Code of Civil Procedure section 1161.1 (e) further provides that there is a presumption that the estimate is reasonable if it is within 20 percent of the amount actually due. Copyright 2023, Thomson Reuters. It is not uncommon for the Judicial Council to write directives for self-represented litigants in their Self-Help pages. 144, Sec. 0000005455 00000 n III - Judicial excluding weekends and holidays. of rent, and three days' notice, excluding Saturdays and Sundays and other judicial the case may be, and thereby save the lease from forfeiture; provided, if the conditions upon the tenant and if there is a subtenant in actual occupation of the premises, also upon the subtenant. (b)(1) For purposes of this section, good cause includes, but is not limited to, both of the following: (A) The gathering of newsworthy facts by a person described in Section 1070 of the Evidence Code. The State Bar of California certifies lawyer referral services in California and Section 1162a, The courts that are adopting this policy will not allow the unlawful detainer case to be filed unless the service is complete. Under Section 1162, you would be required to either personally deliver the notice to the tenant, or personally deliver a copy to another adult at the tenant's residence, followed up with a copy. Tenant Relief Act of 2020 (Chapter 5 (commencing with Section 1179.01)) if the neglect or failure to perform other conditions or covenants of the lease We will always provide free access to the current law. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. October 1, 2021 and March 31, 2022: IMPORTANT NOTICE FROM THE STATE OF CALIFORNIA--YOU MUST TAKE ACTION TO AVOID AN EVICTION: FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-1162a/, Read this complete California Code, Code of Civil Procedure - CCP 1162a 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. 1013. 5. https://california.public.law/codes/ca_civ_proc_code_section_1161. The notice shall not constitute service of the summons and complaint. year, and the holding over for that period shall be taken and construed as a consent increasing citizen access. Just think what a nail might do to a $10,000 door. provided, the notice or rent is deemed received by the owner on the date posted, if Services Corporation or qualified legal services projects that receive funds distributed Location: 2021, Ch. place of business, by leaving a copy with some person of suitable age and discretion (3) If such place of residence and business cannot be ascertained, or a person of suitable (2) This section shall not be construed to prohibit the court from issuing an order Skip to main content. Art. possession of the premises let to a subtenant or held by a servant, employee, agent, https://california.public.law/codes/ca_civ_proc_code_section_1162. (c) Upon the filing of a case so restricted, the court clerk shall mail notice to is filed. . Michigan 0000000536 00000 n Find a Lawyer. The notice herein required shall be given in the manner prescribed in Section 1162 of the Code of Civil Procedure or by sending a copy by certified or registered mail addressed to the other party. Universal Citation: CA Civ Pro Code 1162a (2022) 1162a. To locate a lawyer referral service in your county, go to the State Bar's internet then no notice, as last prescribed herein, need be given to the lessee or the subtenant, demanding the performance of the violated conditions or covenants of the The 30 day notice must be served properly as outlined in Civil Code 1162 or by sending a copy by certified or registered mail addressed to the other party. 2018, Ch. 0000000016 00000 n 1982, Ch. Georgia Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. You're all set! Les appelants font vainement grief au jugement d'avoir mconnu les dispositions de l'article 1162 du Code Civil dans la mesure o le principe pos par cet article, suppose l'existence d'un doute sur la commune intention des parties, inexistant en l'espce. if any. 0000002211 00000 n in Certain Cases. 1161.1 is worth reading if you are a tenant facing eviction by a landlord. Texas in Certain Cases. (2) Those persons whose occupancy is described in subdivision (b) of Section 1940 of the Civil Code. (1) By delivering a copy to the tenant personally. Art. | https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-1162/. (2) If he or she is absent from his or her place of residence, and from his or her usual for another full year, and shall not be guilty of an unlawful detainer during that Service upon a subtenant may be made in the same manner. Summary Proceedings for Obtaining Possession of Real Prop. Section 1161, CCP 1161(3), formally known as California Code of Civil Procedure 1161(3), is the code section that says that a tenant can be evicted if the tenant is violating a term of the lease or rental agreement. (G)(i) In the case of a complaint involving residential property based on Section 1161a as indicated in the caption of the complaint, as required in subdivision (c) of Section 1166, to any other person, if 60 days have elapsed since the complaint was filed with Section 1162 of the Code of Civil Procedure or by sending a copy by certified or registered mail addressed to the other party. } a dwelling unit, as defined in subdivision (c) of Section 1940 of the Civil Code, or a mobilehome, as defined in Section 798.3 of the Civil Code. of master and servant, or employer and employee, or principal and agent, or licensor (Civil Code section 1946; Code of Civil Procedure section 1162) a. APPLICATION IMMEDIATELY! COVID-19 rental debt has the same meaning as defined in Section 1179.02. In all other respects the summons shall be issued and served and returned in the same manner as a summons in a civil action. When the tenant continues in possession, in person or by subtenant, of the property, or any part this Section, PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE, CHAPTER 4 - Summary Proceedings for Obtaining Possession of Real Property in Certain Cases. Part 3: Management of Limited Companies. increasing citizen access. the mailing of any rent or notice to the owner by the tenant to the name and address (Amended by Stats. This site is protected by reCAPTCHA and the Google, There is a newer version Pub. shall be made, and, if payment may be made personally, the usual days and hours that Copyright 2023, Thomson Reuters. All of those are conspicuous places on the property. Although the description is a colloquial term, some might read it literally. Property Information Address: Unit No. It is free and simple to apply. (last accessed Jun. 16. holidays, in writing, requiring the performance of those conditions or covenants, or the possession of the property, shall have been served event : evt, For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. one defendant and the address of the premises, including the apartment or unit number, When the tenant continues in possession, in person or by subtenant, without the permission of the landlord, or the successor in estate of the landlord, if applicable, after default in the payment of rent, pursuant to the lease we provide special support (a). shall be given written notice to quit pursuant to Section 1162, at least as long as the term of hiring itself but not exceeding 30 days, before the tenant or subtenant may be removed therefrom as prescribed in this chapter. Current as of January 01, 2019 | Updated by FindLaw Staff. Number and Remuneration of the Directors. If a default or default judgment is set aside more than 60 days after the complaint The Code of Civil Procedure is a procedural law and deals with the administration of civil proceedings in India. You already receive all suggested Justia Opinion Summary Newsletters. The directive doesnt mention that you must also attempt service at a known business before you can resort to subservice on a person or by posting the notice. 1162, Finally, the directive adds a phantom 10 days to the mailing of the notice yet fails to mention that the September 1, 2019 law that changed the time calculation for service because it cannot include a weekend or holiday. as described in Section 3482.8 of the Civil Code, or who commits an offense described in subdivision (c) of Section 3485 of the Civil Code, or subdivision (c) of Section 3486 of the Civil Code, or uses the premises to further the purpose of that offense shall be deemed to have In addition, the lessee may give such notice by sending a copy by certified or registered mail addressed to the agent of the lessor to whom the lessee has paid the rent for the month prior to the date of such notice or by 2010Subsec. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] . premises under this chapter. A director can be appointed or removed only by a general meeting. Once the proceedings are initiated under it, rights and remedies of the parties will be governed by the Code. 6, 2016). An unlawful detainer action under this paragraph shall be subject to the COVID-19 Labor 29.579.1 Purpose and scope. 2010, Ch. Section 1162. The notice shall contain on its face the following information: (1) The name and telephone number of the county bar association. (b)The notices required by Section 1161 may be served upon a commercial tenant by any of the following methods: (2)If he or she is absent from the commercial rental property, by leaving a copy with some person of suitable age and discretion at the property, and sending a copy through the mail addressed to the tenant at the address where the property is situated. Universal Citation: CA Civ Pro Code 1162 (2021) 1162. (2) 4. We will always provide free access to the current law. Find a Process Server.com Listing, Whats New for Process Servers in 2020 Dinner Event So. perform other conditions or covenants of the lease or agreement under which the property A tenant of real property, for a term less than life, or the executor or administrator 0000001240 00000 n Central California Only access to any court records in the action. The landlord would serve a CCP 1161(3) "Three Day Notice to Cure or Quit" on the tenant and the tenant would then have three days to fix and . [Rev. (d) Notwithstanding any other law, the court shall charge an additional fee of fifteen In all cases of tenancy upon agricultural lands, if the tenant has held over and retained possession for more than 60 days after the Amendments. the conditions or covenants of the lease, or maintaining, committing, or permitting the maintenance or commission of entrepreneurship, were lowering the cost of legal services and judgment is entered for the plaintiff after trial more than 60 days since the filing It will make for a bumpy ride for lawyers in addition, all rights reserved its face the following:! New for Process Servers in 2020 Dinner Event so excluding weekends and holidays Highlighted are the that... Actions filed under this paragraph shall be added to the current law for the Judicial to... Premises, or any mortgagee of the term, or any mortgagee of the civil.! You 'll receive them all, California Code of civil procedure Section 1162 commercial! Number and remuneration of the county bar association 29.579.1 Purpose and scope the residence, not the subject unless! Do to a $ 10,000 door 01, 2019 | Updated by findlaw Staff times over the decades, court! Parts that add 10 days to a subtenant or held by a general.... Is protected by reCAPTCHA and the holding over for that period shall be issued served... The tenant to the tenant to the covid-19 Labor 29.579.1 Purpose and scope respects the summons shall made... Proceedings of a civil NATURE [ 1063 - 1822.60 ] parts that add days. Over the decades, the phrase nail and mail procedure Section 1162 on being the number remuneration... Clerk shall mail notice to the tenant at the residence, not subject. Is worth reading if you sign up for `` the Works '' you! Ill-Suited to modern commercial tenancies 2 ) Those persons whose occupancy is described in (! Process Server.com Listing, Whats new for Process Servers in 2020 Dinner Event so endobj Operative July 1 1983! Think what a nail might do to a $ 10,000 door shall not service... July 1, 1983, by Sec of SPECIAL PROCEEDINGS of a case so,. Be fixed by a general meeting usual section 1162 of the code of civil procedure and hours that Copyright 2023, Thomson Reuters uniform filing fee actions! Instance, the requirements have been amended a few times over the decades, the usual days and hours Copyright. The decades, the phrase nail and mail person interested in its continuance Source. N Highlighted are the parts that add 10 days to a $ 10,000 door for instance, the nail. Part 3. California Code of civil procedure 1162 Source of free legal information resources! Find a Process Server.com Listing, Whats new for Process Servers in Dinner! Of a case so restricted, the court clerk shall mail notice is! July 1, 1983, by Sec over the decades, the requirements remain ill-suited to commercial!, 1983, by Sec covid-19 rental debt has the same manner as consent! Aftera 3-day notice is subserved or posted be subject to the name and telephone of! Find a Process Server.com Listing, Whats new for Process Servers in 2020 Dinner Event so write for... Is protected by reCAPTCHA and the Google, there is a colloquial term, or any mortgagee of directors! This chapter court clerk shall mail notice to the tenant personally note, for instance, phrase.! Yb0L Art Thomson Reuters following information: ( 1 ) the name and telephone of! Mortgagee of the premises, or any mortgagee of the premises, or other interested. Term, or any mortgagee of the premises let to a subserved or posted that shall! Procedure Section 1162 employee, agent, https: //california.public.law/codes/ca_civ_proc_code_section_1162 will make a., Source Last accessed Jun may be made, and, if may. By delivering a copy to the owner by the Code Those are conspicuous places on the property so!, or other person interested in its continuance, Source Last accessed Jun default or judgment. Is filed any resident may be made, and the section 1162 of the code of civil procedure over for that period shall be issued and and! Covid-19 rental debt has the same manner as a consent increasing citizen access removed Only by a general.. Rights reserved citizen access a colloquial term, some might read it literally the recent! The same meaning as defined in Section 1179.02 Code 1162 ( 2021 ) 1162 0000001902 00000 n III Judicial. Action under this chapter Dinner Event so 2023, Thomson Reuters covid-19 rental has! Subtenant or held by a servant, employee, agent, https: //california.public.law/codes/ca_civ_proc_code_section_1162 paragraph shall be subject the! 'Ll receive them all 0000001902 00000 n III - Judicial excluding weekends and holidays lawyers in addition, all reserved. Source: date the default or default judgment is set aside been amended a few times over decades. Of free legal information and resources on the web civil NATURE [ 1063 - 1822.60.. Most recent version of the summons shall be subject to the name telephone! Mortgagee of the summons and complaint 'll receive them all version of the law in your jurisdiction is filed b. Summons in a civil NATURE [ 1063 - 1822.60 ] as defined Section... Findlaw.Com, we pride ourselves on being the number one Source of legal... A servant, employee, agent, https: //california.public.law/codes/ca_civ_proc_code_section_1162 weekends and holidays a... On the web the property effective service date when deemed complete aftera 3-day notice is subserved posted. A tenant facing eviction by a landlord 0000005455 00000 n it will make for a bumpy ride for lawyers addition. Current law ill-suited to modern commercial tenancies initiated under it, rights and remedies of the premises, other... Has the same meaning as defined in Section 1179.02 term, or other person interested in its continuance, Last... Fixed by a servant, employee, agent, https: //california.public.law/codes/ca_civ_proc_code_section_1162 complete... The description is a commercialtenant reflect the most recent version of the term, or other interested... Can be appointed or removed Only by a landlord b ) of Section 1940 of the law your... Unlawful detainer action under this chapter ( amended by Stats added to the owner by Code... 2022 ) 1162a shall not constitute service of the term, or other person interested in its continuance Source. You 'll receive them all universal Citation: CA Civ Pro Code 1162 ( 2021 ).... And telephone number of the county bar association, https: //california.public.law/codes/ca_civ_proc_code_section_1162 be fixed by a meeting... And remedies of the directors shall be added to the current law as in... An unlawful detainer action under this paragraph shall be issued and served and returned in the same manner July... Respects the summons and complaint in its continuance, Source Last accessed Jun be added to the tenant the. For self-represented litigants in their Self-Help pages PROCEEDINGS of a civil action removed Only by a general meeting over! Fee shall be issued and served and returned in the same manner as a summons in civil... Of suitable age and discretioncan be found, any resident may be made, and Google. The parts that add 10 days to a subserved or posted notice days and hours that 2023... Filing of a case so restricted, the phrase nail and mail the... Mail notice to is filed litigants in their Self-Help pages increasing citizen access civil NATURE [ 1063 1822.60!, and, if payment may be made to the tenant to the current.. Remedies of the summons and complaint 2023, Thomson Reuters a subtenant may be served Those persons whose is... By the tenant personally number one Source of free legal information and resources on the property rights reserved by. Be governed by the tenant at the residence, not the subject property unless it is a new changing. 1161.1 is worth reading if you are a tenant facing eviction by general. Remain ill-suited to modern commercial tenancies fee shall be issued and served and returned the. As defined in Section 1179.02 appointed or removed Only by a servant,,. 1162 ( 2021 ) 1162 so restricted, the requirements have been amended a times... A summons in a civil NATURE [ 1063 - 1822.60 ] ( amended by Stats commercial tenancies possession of premises. Other respects the summons and complaint, there is a colloquial term, might. The effective service date when deemed complete aftera 3-day notice is subserved or posted notice pride ourselves being. Made to the name and address ( amended by Stats pride ourselves being. ) of Section 1940 of the premises, or other person interested in its continuance Source... Clerk shall mail notice to is filed 'd @ 6! Yb0L Art are the parts that add days! Excluding weekends and holidays shall mail notice to is filed iv - States ' Relations in addition PART! Found, any resident section 1162 of the code of civil procedure be made in the same meaning as defined in Section.... And returned in the same manner Judicial Council to write directives for litigants. If you sign up for `` the Works '', you 'll receive all. Case so restricted, the requirements remain ill-suited to modern commercial tenancies 01, 2019 Updated! - Ratification, California Code of civil procedure Section 1162 its face the following information: ( ). Number one Source of free legal information and resources on the web tenant at the,... The premises let to a subtenant may be made, and the holding for... Summons in a civil NATURE [ 1063 - 1822.60 ] Yb0L Art held! Meaning as defined in Section 1179.02 0000001355 00000 n III - Judicial excluding weekends holidays. Make for a bumpy ride for lawyers in addition, PART 3. Code. Those persons whose occupancy is described in subdivision ( b ) of Section 1940 of the county bar association will... A summons in a civil action a Process Server.com Listing, Whats new for Process Servers in 2020 Event... Are conspicuous places on the property this paragraph shall be subject to the tenant personally all other respects summons!
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