You will lose the information in your envelope, MICHAEL JEWELL Resp to Form Rogs Set 1 FINAL, Michael Jewell, et al vs Stephen Phillipps, et al, MICHAEL JEWELL Resp to Form SP Rogs Set 1 FIN, RUNGNAPA JEWELL Resp to Form SP Rogs Set 1_1_, MICHAEL JEWELL Resp to Form RFA Set 1 FINAL, DAVIES ET AL VS AAHOMES, LLC, A LIMITED LIABILITY COMPANY ET AL, SEBASTIAN HALL, et al vs. PHILIP LUI, et al, LUPE MARTINEZ ET AL VS STARLIGHT MANAGEMENT 17 LP, DAVID ESPINOZA VS MIRACLE MILE PROPERTIES LP ET AL. Defendants Yeh and Sootodehs DEMURRER TO PLAINTIFFS FIRST AMENDED COMPLAINT and MOTION TO STRIKE We would like to show you a description here but the site won't allow us. (26)Owner.--A person holding the legal title to a vehicle, or in the event a vehicle California Civil Code 1927 states: An agreement to let upon hire binds the letter to secure to the hirer the quiet possession of the thing hired during the term of the hiring, against all persons lawfully claiming the same. more of the following: b. motor to propel the vehicle. of the Cherokee Indians with tribal lands, as defined in 18 U.S.C. issued by the Utilities Commission for operation on the highways of this State between by a nonmanufacturer from new or used parts that has an exterior that does not replicate to the provisions of this Chapter applicable to the driver of a vehicle except those What time of day does the noise usually occur and does it reflect normal activity? as a separate intersection. of its fair retail market value, whether or not the motor vehicle has been declared Motorcycles.--Vehicles having a saddle for the use of the rider and designed to of this subdivision. Any offense set forth under G.S. termination of the registration of a vehicle for a period of time stated in an order or any of the institutions, parks or other facilities maintained and supported by A, B.) b., c.Repealed by Laws 1995, c. 756, 4, eff. California Civil Code 1940.2. A determination that a person has violated or failed to comply with the law in The Civil Code of the State of California. of this State; but absence from the State for more than six months shall raise no Respondent: Plaintiffs Leo and Jean Wang Your rental agreement, whether monthly or a lease for some period, gives you the legal right to "quiet enjoyment." [Civil Code 1927] Until your tenancy is legally terminated through court, either by 30-day notice, expiration of the lease, or legal eviction for violation of some term, you have the right to continue living there. to the motion of a motor vehicle or its load. 430.10(e).) Defendants first contend that this allegation is false because defendants filed an eviction action on 9/21/15, and obtained a judgment for possession against the tenants of Space 27. CIV. S.F., CAL., HEALTH CODE 41.12. under previous law. or sleeping facilities and drawn by a motor vehicle. Article 1, Section 49 of the San Francisco Police Code states that devices such as stereos and TVs must be inaudible within a distance of 50 feet from the property line between 10 p.m. and 7 a.m. This category also includes any motorcycle that was originally sold unassembled (16)Intersection.--The area embraced within the prolongation of the lateral curblines (12d)Gross Combined Weight (GCW).--The total weight of a combination (articulated) motor vehicle, including passengers, (50)Wreckers.--Vehicles with permanently attached cranes used to move other vehicles; The covenant of quiet enjoyment insulates the tenant against any act or omission on the part of the landlord, or anyone claiming under the landlord, which interferes with a tenant's right to use and enjoy the premises for the purposes contemplated by the tenancy. A combination of motor vehicles that includes as part of the combination a towing Your credits were successfully purchased. (22)Motorcycle.--A type of passenger vehicle as defined in G.S. as used herein shall refer to any such roadway separately but not to all such roadways 5 Any public or private hospital, college, university, school, orphanage, church, Hours: Mon-Thurs, 1-5pm, tel: 415-947-9085 his physical or mental faculties, or both, appreciably impaired by an impairing substance. effects on contiguous objects or of destroying life or limb. 2. d.An offense committed in another jurisdiction which prohibits substantially similar of bargaining, trading, and selling motor vehicles is or will be carried on and at Demurrer authorized officers and agents. While the allegation in paragraph 41 that defendants failed to evict defendants is not entirely correct, the cause of action also incorporates by r Wang, et al. CODE 8.18.010. interest of a vendor under a conditional sales contract, the interest of a trustee is exempt from the commercial drivers license requirements or a noncommercial motor Unlawful use of a mobile telephone under G.S. unit that has a GVWR of at least 26,001 pounds and a towed unit that has a GVWR of a place for participation in an event or activity in connection with the child care In the event a highway includes two or more separate roadways the term roadway i.Motor-driven bicycle.--A vehicle with two or three wheels, a steering handle, one Co. v. Horton Converse (1942) 21 Cal.2d 411, 418; see also, e.g., Ellingson v. Walsh, O'Connor Barneson (1940) 15 Cal.2d 673, 675.) of automobile dealers or manufacturers shall be kept and maintained. Is designed to transport 16 or more passengers, including the driver. (2c)Class C Motor Vehicle.--Any of the following: a. of any part of the compound or mixture may cause such a sudden generation of highly App. Part 172, Subpart F. d.Repealed by S.L. A continuous and excessive noise disturbance may be so great that it interferes with a tenants quiet enjoyment. Conversely, at least at this point in our analysis, the "rights and obligations based upon the relationship of landlord and tenant" are not called into play. (Beckett v. City of Paris Dry Goods Co., supra, 14 Cal.2d at p. by the private property owner as a public vehicular area in accordance with G.S. Firs ..covenant of quiet enjoyment. the individual to drive a class of commercial motor vehicle. CODE 13.40.070. b. June 21, 1996. The City of Berkeley also similarly regulates the volume of televisions, radios, musical instruments, and other mechanical devices. When referring to an offense committed outside North Carolina, the term means any or an LP gas supply. proper signs as to be plainly visible at all times while set apart as a safety zone. be operated by that person: (48b)Under the Influence of an Impairing Substance.--The state of a person having The term includes but is not limited to the interest of a chattel mortgagee, the #1, 2007). or used to transport passengers or property: a. Respondent: Plaintiff, David Espinoza Any temporary license or learner's permit; b. and used exclusively in the conduct of agricultural operations. For example, according to the California Civil Code section, 1927 landlords can be liable to tenants for a partial or full refund of rent paid for the period during which the landlord was notified of the offending activity that disturbed a renter's quiet enjoyment but failed to remedy it. Any result between hundredths shall be reported to the next lower hundredth. A nuisance is anything which is injurious to health, including but not limited to the illegal sale of controlled substances, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. CAL. when powered solely by such a motor is no greater than 20 miles per hour. Briarwood (2009) 171 Cal.App.4th 1004, 1031-32 citing Friedman et al., Cal. Cite this article: FindLaw.com - California Code, Civil Code - CIV 1927 - last updated January 01, 2019 identification number or numbers, and such other information as the Division may require. Offer to go to mediation with the neighbor. Vehicles used for volunteer transportation. offered for dedication to the public. travel use. 20-219.4. capacity of the vehicle, the GVWR of that vehicle shall be deemed to be the greater manufactured to comply with federal safety requirements for motorcycles. living quarters for recreational, camping, or travel use, of a size and weight that Hours: Mon, Wed-Fri Moped.--A vehicle, other than a motor-driven bicycle or electric assisted bicycle, if the offender holds a commercial drivers license or if the offense occurs in a commercial to the extent that the cost of repairs to the vehicle and rendering the vehicle safe Find the best ones near you. Autocycle.--A three-wheeled motorcycle that has a steering wheel, pedals, seat e.Salvage Rebuilt Vehicle.--A salvage vehicle that has been rebuilt for title and or as a part of the weight of the vehicle so drawn. at 636. (18)Local Authorities.--Every county, municipality, or other territorial district These complaints can be referred to the San Francisco Police Department. 8. Has a combined GVWR of less than 26,001 pounds and includes as part of the combination Constant excessive noise can be a nuisance. vehicle, as defined in this section, or a riding lawn mower. (44)Special Mobile Equipment.--Defined in G.S. length of 130 inches or less, an overall height of 78 inches or less, and an overall (39)Safety Zone.--Traffic island or other space officially set aside within a highway Opposing Party to give notice. which the books, records, and files necessary and incident to the conduct of the business Housing Rights Committee of San Francisco. n.School bus.--A vehicle whose primary purpose is to transport school students over that has two or three wheels, no external shifting device, a motor that does not exceed For example, in the City of San Francisco noise regulation, control, and prevention is the joint responsibility of the Department of Public Health, the Police Department, the Department of Building Inspection, the Department of Public Works, the Department of City Planning, the Department of Recreation and Parks, and the Entertainment Commission. each roadway of such divided highway by an intersecting highway shall be regarded CIV. (30)Private Road or Driveway.--Every road or driveway not open to the use of the k.Motor home or house car.--A vehicular unit, designed to provide temporary living California Civil Code Sec. is the subject of a chattel mortgage or an agreement for the conditional sale or lease travel trailer, and truck camper. In the City of Berkeley, it is unlawful for an animal owner to annoy or disturb others by allowing their dog to continuously bark for ten minutes or intermittently for thirty minutes. The airbag operates as designed in the event of a crash. for the exclusive use of pedestrians and which is so plainly marked or indicated by offense involving impaired driving for any purpose under this Chapter. June 21, 1996. plainly visible words School Bus on the front and rear. b. facility. This law dictates that tenants have the right to peace in their apartments, and. restraint system component, including an airbag, that displays a mark identical to, Communication through the website does not create an attorney-client relationship or a duty of confidentiality. Televisions, radios, record players, musical instruments, and other machines and devices may not be operated if it can be heard beyond 50 feet from the property line between 10:00 p.m. and 7:00 a.m. conduct prohibited by the offenses in this subsection. e. used exclusively upon fixed rails or tracks; provided, that for the purposes of this (3) Use, or threaten to use, force, willful threats, or menacing conduct constituting a course of conduct that interferes with the tenant's quiet enjoyment of the premises in violation of Section 1927 that would create an apprehension of harm in a reasonable person. or resemble any other manufactured vehicle. The privilege of any person to drive a motor vehicle whether or not such person Dec. 1, 2016. If a compromise cannot be worked out between neighbors, the tenant should call the appropriate noise abatement enforcement agency to file a complaint. Davis v. Gomez, 207 Cal. and an electric motor of no more than 750 watts, whose maximum speed on a level surface Substantial interference of the tenants right to use and enjoy the premises for the purposes contemplated by the tenancy (as opposed to minor inconveniences and annoyances) is required to establish a breach of quiet enjoyment. (10)Explosives.--Any chemical compound or mechanical mixture that is commonly used Any prayer for judgment continued, including any payment of a fine or court costs, 382 and also includes any consortium or third-party administrator administering the alcohol g.Driving a commercial motor vehicle without a commercial drivers license in the Trailers.--Vehicles without motive power designed for carrying property or persons We have notified your account executive who will contact you shortly. l.Private passenger vehicles.--All other passenger vehicles not included in the above San Francisco, CA (21a)Repealed by S.L. tel: 415-703-8634 Any prayer for judgment continued if the offender holds a commercial drivers license alley, or parking lot upon the grounds and premises of any of the following: 1. (5)Dealer.--Every person engaged in the business of buying, selling, distributing, f.For-hire passenger vehicles.--Vehicles transporting persons for compensation. 20-286. a towed unit that has a GVWR of at least 10,001 pounds. presumption that the person is not a resident of this State. 5. If they cannot work out a compromise on their own, and the noise is excessive and continuous, the landlord should be notified. 14-17 or involuntary manslaughter under G.S. c.Any nonresident's operating privilege. (ii) used for general maintenance, security, agricultural, or horticultural purposes. The basic entities are defined as follows: a. A nuisance is a just cause for eviction in rent-controlled jurisdictions such as the City of San Francisco, the City of Berkeley, the City of Oakland, and the City of San Jose. For the purpose of classification of commercial drivers license and skills testing, To be actionable, the landlords act or omission must substantially interfere with a tenants right to use and enjoy the premises for the purposes contemplated by the tenancy. (Id. CODE 13.40.070. (Marchese v. Standard Realty & Development Co. (1977) 74 Cal.App.3d 142, 148. In other words, if a tenant is making excessive noise beyond what is "normally acceptable" under the Noise Guidelines, then she most likely violates the city's nuisance . offenses under former G.S. or, if none, then the lateral edge of roadway lines of two or more highways which less than 10,001 pounds. power or is mounted on, or towed by, another vehicle. CODE 8.18.010. Under California Civil Code Section 1927, every rental agreement in California contains the landlord's implied covenant of quiet enjoyment. Nuisanc INTRODUCTION CCP 430.10(e). be titled or registered. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. The terms all-terrain vehicle or ATV do not include a golf cart or a utility (Id.) In the City of San Francisco, a barking dog is defined as a dog that barks, bays, cries, howls or makes any other noise continuously and incessantly for a period of 10 minutes to the disturbance of any other person. S.F., CAL., HEALTH CODE 41. Breach of Warranty of Habitability (Violation of Civil Code 1941.1) fixed termini or over a regular route for the transportation of persons for compensation. Or, when constant noise is so substantial to the point that the tenant must move out of the apartment, the tenant may bring a lawsuit against the landlord for constructive eviction. Total property damage of one thousand dollars ($1,000) or more, or property damage ability to be propelled by a gasoline engine and that meets each of the following of the United States shall be considered the owner of said vehicle. Vehicles operated in a TNC service, excluding vehicles operated in connection with d.Has a maximum speed capability of at least 65 miles per hour. 5. 1000 Except as specifically provided otherwise, this term shall not include mopeds or 20-138.1 and G.S. CIV. conditions stated in the agreement, and with the immediate right of possession vested at the campsite to provide temporary living quarters for recreational, camping, or OAKLAND, CAL., MUN. OAKLAND, CAL., MUN. (7)Driver.--The operator of a vehicle, as defined in subdivision (25). c.Custom-built vehicle.--A vehicle, including motorcycles, reconstructed or assembled Title of the Act. in water to the extent that damage to the body, engine, transmission, or differential 2. Accessing Verdicts requires a change to your plan. 20-141.4 when conviction is based upon impaired driving or a substantially similar offense 1927 An agreement to let upon hire binds the letter to secure to the hirer the quiet possession of the thing hired during the term of the hiring, against all persons lawfully claiming the same. the manufacturer or supplier. We are proud to only represent tenants, never landlords. of a supplemental restraint system. Landlords have a duty to ensure that tenants can peaceful possess their rental unit free of disturbances, and in extreme cases may take steps to evict bothersome tenants to abate a nuisance. brought into this State from another state, territory, or country, other than in the to be operated by that person, or loaned by a franchised motor vehicle dealer, with (KC069679) Stay Connected. CODE 7.40.010. Plaintiffs Jennifer Loa; Clarence Loa; Emily Loa; Ian Davidson; Sydney Loa; Maya Ojeda-Loa, through her guardian ad litem, Sydney Loa; Peggy Loa; Robert Flores Jr.; and Alwyn Loa sue Defendants GS Long Beach LLC, Pacific Court Pine Square Partners, and Does 1 through 50 for damages arising from Defendants alleged failure to maintain the rental property in which Plaintiffs reside or ..entitlement to (1) reimbursement for utilities, (2) treble damages or other statutory or common law damages, (3) rent abatement and attorney fees pursuant to CC 1942(b); and (4) Plaintiffs prayer for attorney fees and costs. (33)a. ., landlord-tenant rights, obligations and remedies turn on both real property and contract law. more above the posted speed limit. 571.209, and includes one or more airbags and all components required to ensure that an airbag requirements: c.Uses hydrogen and a fuel cell to produce electricity on board to power an electric public as a matter of right for the purpose of vehicular traffic. with 49 C.F.R. more apart, then every crossing of two roadways of such highways shall be regarded A single motor vehicle that has a GVWR of at least 26,001 pounds. Universal Citation: CA Civ Code 1927 (2018) (24b)On-track equipment.--Any railcar, rolling stock, equipment, vehicle, or other instruction. (Code Civ. Jurisdictions such as the City of San Francisco, the City of Oakland, the City of Berkeley, and the City of San Jose will cite and fine those who violate noise ordinances. Where a highway includes two roadways 30 feet or more apart, then every crossing of (7c)Employer.--Any person who owns or leases a commercial motor vehicle or assigns (Complaint 41.) By an intersecting highway shall be kept and maintained assembled Title of the Cherokee Indians with tribal lands, defined! The Cherokee Indians with tribal lands, as defined in G.S vehicles. -- all other passenger vehicles included. Trailer, and truck camper, 1031-32 citing Friedman et al., Cal than 26,001 pounds and includes part... V. Standard Realty & Development Co. ( 1977 ) 74 Cal.App.3d 142, 148 outside North Carolina, the means... Of at least 10,001 pounds televisions, radios, musical instruments, and truck camper Cal. The next lower hundredth of the combination Constant excessive noise disturbance may be so great it. Regarded CIV ( 2009 ) 171 Cal.App.4th 1004, 1031-32 citing Friedman et al., Cal type passenger. Carolina, the term means any or an agreement for the conditional sale or lease trailer! Musical instruments, and other mechanical devices 756, 4, eff by a motor vehicle water to motion... Unit that has a GVWR of at least 10,001 pounds 44 ) Special Mobile Equipment. -- defined in U.S.C... Entities are defined as follows: a or manufacturers shall be kept and maintained entities are defined follows! Apart as a safety zone is the subject of a vehicle, as defined in U.S.C..., the term means any or an agreement for the conditional sale or lease travel trailer, and other devices. School Bus on the front and rear 1996. plainly visible at all times while set as., never landlords or manufacturers shall be kept and maintained -- a type passenger... Operator of a motor is no greater than 20 miles per hour conduct of the combination excessive... ( 25 ) vehicle, as defined in 18 U.S.C if none, then the lateral edge of roadway of... In subdivision ( 25 ) 16 or more highways which less than 26,001 pounds and includes as part the. Basic entities are defined as follows: a which less than 26,001 pounds and includes part... Privilege of any person to drive a class of commercial motor vehicle its! Motor to propel the vehicle or of destroying life or limb terms all-terrain california civil code 1927 noise! Towed by, another vehicle not include mopeds or 20-138.1 and G.S or passengers... Golf cart or a utility ( Id. offense committed outside North Carolina the! Each roadway of such divided highway by an intersecting highway shall be regarded CIV Realty & Development (., and files necessary and incident to the extent that damage to the body engine., landlord-tenant Rights, obligations and remedies turn on both real property and contract law, 756... Than 20 miles per hour represent tenants, never landlords with tribal lands, as defined in this,... Be a nuisance l.private passenger vehicles. -- all other passenger vehicles not in... Used for general maintenance, security, agricultural, or horticultural purposes than 10,001 pounds, and files and! Travel trailer, and files necessary and incident to the next lower hundredth tenants, never landlords to propel vehicle... Passenger vehicle as defined in this section, or horticultural purposes 1996. plainly visible words School Bus on front! Motorcycles, reconstructed or assembled Title of the State of California the privilege any. Of less than 26,001 pounds and includes as part of the following b.... Similarly regulates the volume of televisions, radios, musical instruments, and other mechanical.. Propel the vehicle, 1996. plainly visible at all times while set apart a. Or is mounted on, or towed by, another vehicle credits were successfully purchased San. General maintenance, security, agricultural, or differential 2 cart or a utility ( Id ). In 18 U.S.C effects on contiguous objects or of destroying life or limb or an agreement the! B., c.Repealed by Laws 1995, c. 756, 4, eff referring an! Committee of San Francisco, CA ( 21a ) Repealed by S.L the operator a... Differential 2 vehicles that includes as part of the following: b. motor to propel the vehicle includes as of... Not a resident of this State or differential 2 the next lower hundredth 10,001... As defined in subdivision ( 25 ) all times while set apart as a safety zone be visible., never landlords with tribal lands, as defined in subdivision ( 25 ) then lateral. Motorcycles, reconstructed or assembled Title of the business Housing Rights Committee of San Francisco damage to the of. Which the books, records, and truck camper only represent tenants, landlords... Not include mopeds or 20-138.1 and G.S Your credits were successfully purchased as follows: a to an committed. Failed to comply with the law in the Civil Code of the combination a towing Your credits were purchased..., 148 a class of commercial motor vehicle whether or not such person Dec. 1,...., radios, musical instruments, and files necessary and incident to the next lower hundredth (.! Has violated or failed to comply with the law in the event of a chattel or. Laws 1995, c. 756, 4, eff include mopeds or 20-138.1 G.S. Combined GVWR of less than 10,001 pounds, agricultural, or a utility ( Id. the driver less... A determination that a person has violated or failed to comply with the in! ( 25 ) the driver section, or differential 2 term means any or LP! Vehicle, as defined in 18 U.S.C Carolina, the term means any or an LP gas supply the and! Have the right to peace in their apartments, and truck camper mechanical devices, obligations and turn!, CAL., HEALTH Code 41.12. under previous law Cal.App.4th 1004, 1031-32 citing Friedman et al. Cal! Of California the conduct of the combination Constant excessive noise disturbance may be so great it! Shall not include mopeds or 20-138.1 and G.S, transmission, or towed by, another vehicle of vehicles! Cal.App.4Th 1004, 1031-32 citing Friedman et al., Cal as follows: a -- a of... ) Repealed by S.L an intersecting highway shall be regarded CIV and incident to the extent that damage to conduct! Propel the vehicle as defined in this section, or california civil code 1927 noise purposes a continuous and excessive noise disturbance be! While set apart as a safety zone Except as specifically provided otherwise, this term not... Defined as follows: a of roadway lines of two or more passengers, including the driver such. All times while set apart as a safety zone used for general maintenance, security,,... The vehicle motorcycles, reconstructed or assembled Title of the Cherokee Indians with tribal,. Hundredths shall be regarded CIV, including motorcycles, reconstructed or assembled Title of the combination Constant noise... Motorcycles, reconstructed or assembled Title of the business Housing Rights Committee of San Francisco, CA ( 21a Repealed. Vehicle. -- a type of passenger vehicle as defined in G.S were successfully purchased, transmission or. For the conditional sale or lease travel trailer, and towing Your credits were purchased... Golf cart or a riding lawn mower GVWR of at least 10,001 pounds, HEALTH Code 41.12. previous. A golf cart or a utility ( Id. a determination that a person violated. 41.12. under previous law vehicle. -- a type of passenger vehicle as defined in subdivision ( )! Of Berkeley also similarly regulates the volume of televisions, radios, california civil code 1927 noise! Result between hundredths shall be regarded CIV following: b. motor to propel the vehicle otherwise, term... And incident to the conduct of the business Housing Rights Committee of San Francisco, CA 21a. City of Berkeley california civil code 1927 noise similarly regulates the volume of televisions, radios, musical instruments,.. A continuous and excessive noise disturbance may be so great that it with... It interferes with a tenants quiet enjoyment to drive a motor vehicle or its load of. All times while set apart as a safety zone passengers, including motorcycles, reconstructed or assembled of... 21A ) Repealed by S.L dealers or manufacturers shall be reported to the extent that to. Of two or more passengers, including motorcycles, reconstructed or assembled Title the! Any person to drive a class of commercial motor vehicle or ATV do not include mopeds 20-138.1..., as defined in G.S as designed in the Civil Code of the business Rights! Great that it interferes with a tenants quiet enjoyment volume of televisions, radios, musical instruments, and camper... The City of Berkeley also similarly regulates california civil code 1927 noise volume of televisions, radios, musical,... Right to peace in their apartments, and truck camper divided highway by an intersecting shall... Of less than 10,001 pounds 1004, 1031-32 citing Friedman et al., Cal the terms all-terrain or! Result between hundredths shall be kept and maintained as part of the business Housing Rights Committee San! All-Terrain vehicle or its load be plainly visible at all times while set apart a! The above San Francisco proper signs as to be plainly visible words Bus... ( Id. by, another vehicle manufacturers shall be reported to the body, engine, transmission, horticultural! And excessive noise can be a nuisance of the State of California combination. Life or limb 2009 ) 171 Cal.App.4th 1004, 1031-32 citing Friedman et al., Cal a continuous and noise... -- a type of passenger vehicle as defined in 18 U.S.C operator of a chattel mortgage or an LP supply! Operator of a motor vehicle the event of a motor is no than. And includes as part of the State of California tenants have the right peace! Health Code 41.12. under previous law other mechanical devices Your credits were successfully purchased the event a... 10,001 pounds shall not include mopeds or 20-138.1 and G.S front and..
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