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request for admissions deemed admitted

Data dodania: 4 sierpnia 2022, 06:35

As set forth below, this Court should grant judgment on behalf of the Plaintiff because over two years have passed and the Defendant has refused to respond to the core allegations in Plaintiffs Complaint. request and each response in dispute. Accordingly, considering either the unanswered claim in this Court or NEPLPs federal court response, it has refused to respond to Plaintiffs Complaint for over two years. Proc. Your recipients will receive an email with this envelope shortly and Contact us. Richard Burman, Managing Partner 02Nov2020. On August 27, 2019 a case was filed as for a monetary sanction under Chapter 7 (commencing with Section 2023.010). 9 The download manager is not working as well as usual. by (Code Civ. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Getting calls from LibertyAP? In essence, the statute is saying that substantially compliant responses served prior to the hearing defeats a motion to have matters deemed admitted, and that it is MANDATORY that a monetary sanction be imposed against the responding party. Wheres the Authority to Award Sanctions? 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. the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction under Chapter 7 (commencing with Section 2023.010). Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. the sanction unjust. (c) The court shall make this order, unless it finds that the party to whom the requests However, no sanctions can be imposed for delay in responding to Requests for Admissions if answers were provided prior to the filing of the motion. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Once you receive this motion the clock has started. try clicking the minimize button instead. A response must fairly meet the substance of the request. 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. Another California Court of Appeal has stated in a published case that there is not time limit on filing a motion to have the matters deemed admitted. Proc. Particularly, what to do if your request for admissions is not responded to. Last. (Code Civ. Before the case was remanded, NEPLP filed an answer in federal court, refusing to admit or deny the allegations made against it. The son provided answers for 14 of the requests, but refused to answer the questions regarding his father's mental capacity to create wills in 2016, 2004, 2001, and 2000. Code of Civil Procedure 2033.280(c) provides that the court shall deem the matters admitted unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Code of Civil Procedure 2033.220. 706, 716, 575 N.E.2d 734 (1991); Pederson v. Time, Inc., 404 Mass. Plaintiff further seeks as a sanction attorneys fees for the filing of this motion and its efforts to seek compliance with Massachusettss discovery rules. With the exception of offensive discovery directed at Plaintiff such as requests for admission, depositions, requests for production of documents and interrogatories, NEPLP has refused to participate in this case. (1973) Rule 36, tracking amended Federal Rule 36, governs Requests for Admission, a procedure long familiar to Massachusetts practitioners as "Notices to Admit", GL c. 231, 69. 117, 120 (1997). Proc. and Towson; Carroll County including Westminster; Frederick County including Frederick; Harford County including Abingdon, Bel Air, Belcamp, and Forest Hill; Montgomery County including Germantown and Rockville; Howard County including Ellicott City and Columbia, Washington, D.C. and Washington County including Hagerstown. If you have not received responses to your Requests for Admissions, then you can file the motion. Notably, under Rule 36(a)(3), requests for admission are automatically deemed admitted in U.S. federal courts if the opponent fails to timely respond or object. The Appellate Court held that deemed admissions under Rule 2-424 (b) are not discovery sanctions. Proc., 2033.290. 2) Motion to Deem Facts Admitted SEE BELOW (2) An objection to a particular request is without merit or too general. Defendants conduct has also been worthy of such a sanction because they have blithely and willfully ignored their discovery obligations in a way that has substantially impeded Plaintiffs ability to conduct meaningful discovery. We will email you ********************************* 3. App. Proc. Your content views addon has successfully been added. (a) On receipt of a response to requests for admissions, the party requesting admissions During Summary Judgment. It also has legal malpractice overtones to it because someone screwed up by not getting the answers in on time and the ramifications for their client are harsh. Effective immediately we have updated our refund policy! or both of the following apply: (1) An answer to a particular request is evasive or incomplete. Defendant Crenshaw Manufacturings Motion to Deem Admitted Requests for Admissions, Set One is granted. If such responses are not provided, the court will award sanctions of $2,440.00 against Minghella and his counsel. Please wait a moment while we load this page. The motions judge is required to look at "the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any" to determine if summary judgment is proper. Directions. 2033.220 and C.C.P. when new changes related to " are available. The matter is admitted unless, within 30 days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by his attorney, but, unless the court (c) The court shall make this order, unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220. However, there is one additional thing you need to be aware of YOU NEED TO FILE THIS MOTION IF YOU WANT COST OF PROOF SANCTIONS! Ron helped me find a clear path that ended with my foot healing and a settlement that was much more than I hope for. (a) On receipt of a response to requests for admissions, the party requesting admissions may move for an order compelling a further response if that party deems that either or both of the following apply: (1) An answer to a particular request is evasive or incomplete. We are currently collect data for this state. Law authorizing requests for admission deemed admitted in California. The subject discovery requests were personally served on 5/7/18. This is so even when the defendants served a verified response before the continued hearing date. You will lose the information in your envelope, VAXTER, CHRISTOPHER J et al vs GEOVERA SPECIALTY INSURANCE COMPANY. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Sample Motion to Have Matters Deemed Admitted for California. Copyright 2023, Thomson Reuters. A request for admission (sometimes also called a request to admit) is a set of statements sent from one litigant to an adversary, . LaLonde v. Eissner, 405 Mass. FCRA. Here is an example: Plaintiff Anchor Bay Entertainment, LLCs Motion to Compel Responses to Request for Production of Docu ..served by the date of hearing on this motion. Only terms actually used in the request for admission may be defined. (Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636.) This motion is quick and dirty. If you have not received responses to your Requests for Admissions, then you can file the motion. The U.S. District Court rejected both grounds and the case was remanded to this Court. Id. The contact form sends information by non-encrypted email, which is not secure. Proc. 2033.280(c). Defendant has willfully ignored the plain language of Rule 36 that an answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless he states that he has made reasonable inquiry and that the information known or readily obtainable by him is insufficient to enable him to admit or deny. The Rule further states that a matter may be deemed admitted if the answer "does not comply with the requirements of this rule.". Your alert tracking was successfully added. Id; Sabian v. Gentle Movers, 1997 Mass. It refuses to admit or deny any substantive allegation in the Plaintiffs Complaint. A denial must fairly meet the substance of the requested admission, and when good faith requires that a party qualify his answer or deny only a part of the matter of which an admission is requested, he must specify so much of it as is true and qualify or deny the remainder. When Ms. Park failed to timely respond, the requests were conclusively admitted. > > Read More.. Effect of Admission (1) Scope. Where a party fails to provide a timely response to requests for admission, [i]t is mandatory that the court impose a monetary sanction under Chapter 7 (commencing with 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion. (Code Civ. NEPLP has willfully ignored this requirement by making no effort whatsoever to inquire into the merits of this lawsuit. Proc. The matter is admitted unless, within 21 days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by his attorney, but, unless the court shortens the time, a defendant is not required to serve answers or objections before the expiration of 28 days after service of the complaint upon him. We serve the following localities: Baltimore; Prince George's County including Bowie, Laurel, Landover, Hyattsville; Anne Arundel County including Glen Burnie; Baltimore County including Cockeysville, Glyndon, Hunt Valley, Jacksonville, Lutherville-Timonium, Owings Mills, Parkville, Reisterstown, Plaintiff Attorney Legal Information Center, Example Pretrial Documents for Plaintiff's Lawyers. Although the matters subject to such request under Rule 36 are somewhat broader than those under the statute, Rule 36 should cause no difficulty; to . 2030.290(c).) P. 1.370(a). All rights reserved. Your email address will not be published. (2) The party's failure to serve a timely response was the result of mistake, inadvertence, In the case of Hoguin v. Sup. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Representing Yourself (Pro Se)? It is a gotcha motion. A motion for an order having the matters specified in requests for admission deemed admitted in California can be filed when a party has failed to respond to the requests for admission. RULING RE: will be able to access it on trellis. 4th 618, 633. They are written in a yes or no format that does not allow for explanations. The discovery deadline has been extended from December 28, 2002 to June 1, 2003. The Patriots sought to remove, first on diversity and then, in a subsequent motion, claiming federal preemption. This is ludicrous. 2023.010, 2031.320. [CCP 2033.010.] Ron even fought to reduce how much I owed in medical bills so I could get an even larger settlement. If necessary you may need to ask the court for a continuance on the motion for summary judgment to give you the time you need. [TENTATIVE] ORDER RE: MOTIONS TO COMPEL ANSWERS TO FORM INTERROGATORIES AND SPECIAL INTERROGATORIES; MOTION TO DEEM FACTS ADMITTED There are three motions that you can bring(1) Motion to Compel, (2) Motion to Compel Further Responses, and (3) Motion to HaveAdmissions Deemed Admitted. The opponent bears the burden of moving for relief . Part FOUR - Pretrial Procedures, Dispositions and Production at Trial, Rule 4:10 - Physical and Mental Examination of Persons, Rule 4:12 - Failure to Make Discovery; Sanctions. The statute states " the court shall make this order unless "proposed responses are in substantial compliance with C.C.P 2030.210, C.C.P. If you mailed the Requests for Admission, they have 33 days since the date they were mailed, to mail responses back to you. Contacting us does not create an attorney-client relationship. Admission and Summary Judgment Motion and Brief in support thereof, were filed by Plaintiff. Liberty Automotive Protection 732-807-5611. Where a party fails to serve timely responses to discovery requests, the court may make an order compelling responses. Section 2033.280 contains no time limit for a motion to compel where no responses have been served. Vaxter, Christopher J, and 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 entire team from the intake Samantha to the lawyer himself (Ron Miller) has been really approachable. 93, 96-97 (W.D.Mo. Cite this article: FindLaw.com - California Code, Code of Civil Procedure - CCP 2033.290 - last updated January 01, 2019 On September 10, 2002, almost two years after this case was filed, the NEPLP filed a motion for summary judgment alleging facts that were available to it for more than 22 months. Search Instructions. The answer filed by NEPLP in federal court is not much better than its refusal to answer in state court. If objection is made, the reasons therefor must be stated. The answer must specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter. (See Exhibit #5.) Accessing Verdicts requires a change to your plan. more analytics for Barmann, Bernard C., Jr. Motion to Deem Facts Admitted Granted - Ruling, Vizcon Construction Company, Inc. VS Aitken & Associates, Notice of Withdrawal.Motion to Deem Facts Admitted, ORDER DENYING PLAINTIFF'S MOTION TO DEEM FACTS ADMITTED, Motion re: - MOTION RE: TO DEEM FACTS ADMITTED, ESTHER TENDO ATAM VS SOUTHERN CALIFORNIA PERMANENTE MEDICAL GROUP (SCPMG),, Motion to Deem Facts Admitted Taken Under Submission - Ruling, Order Granting Motion to Deem Facts Admitted Filed - Filing, SALVADOR MIRANDA vs. FRANCISCO SUAREZ, et al, Motion for Discovery of Police Officer Misconduct Records (Pitchess Motion), MID-CENTURY INSURANCE COMPANY VS GALE TATE, ANCHOR BAY ENTERTAINMENT LLC VS LINDSAY DUNLAP ET AL, Back Bay Center, Ltd. vs. VM Super Saiyan LLC. Id. (See Exhibit 17), NEPLP, consistent with its handling of the rest of this case, has ignored Plaintiffs discovery requests that are now four months past due.1. RFAs are a powerful trial-preparation tool. A California Court of Appeal has stated in a published case that there is no requirement for an informal meet and confer attempt before a party may bring a motion for an order establishing admissions. If you have no reply to your Request for admissions, you need to file a MOTION TO DEEM FACTS ADMITTED. No separate statement is required when no response has been provided to the discovery. A defendant need not respond, however, in less than 45 days after service of the summons and complaint upon him. 2033.280(c). the requesting party and the responding party have agreed in writing, the requesting may move for an order compelling a further response if that party deems that either Plaintiff filed requests for admission on September 27, 2002, and Defendant again refused to answer the central allegations in Plaintiffs Complaint, this time alleging that it believed this case is the subject of mandatory arbitration and, in spite of the fact that this contention was summarily rejected by the U.S. District Court 20 months ago, it was not required to answer. Cite this article: FindLaw.com - California Code, Code of Civil Procedure - CCP 2033.280 - last updated January 01, 2019 Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. If a party to whom requests for admission are directed fails to serve a timely response, If you have no reply to your Request for admissions, you need to file a MOTION TO DEEM FACTS ADMITTED. If the court determines that an answer does not comply with the requirements of this Rule, it may order either that the matter is admitted or that an amended answer be served. Plaintiff Anchor Bay Entertainment, LLCs Motion to Compel Responses to Request for Production of Documents AND INTERROGATORIES, AND TO DEEM FACTS ADMITTED This can have horrible consequences in your case as the other side may use these deemed admissions against you either at trial or at a summary judgment hearing. (Id. ; Defendants. Hopefully I won't need it again but if I do, I have definitely found my lawyer for life and I would definitely recommend this office to anyone! : BC496060 5 Moreover, Plaintiff has been prejudiced because discovery against the Patriots might yield meaningful evidence on the other defendants. by clicking the Inbox on the top right hand corner. Your subscription has successfully been upgraded. | https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-2033-280/. Adding your team is easy in the "Manage Company Users" tab. 550, 553, 340 N.E.2d 877 (1976). Asea, Inc. v. Southern Pacific Transp. The court held that the answers were to be deemed admitted. against Responding party states that they lack sufficient information to admit or deny, Admitting part and failing to admit or deny the remainder of the request, Denying part failing to admit or deny the remainder of the request. Over two years after it was served with process, NEPLP has yet to file an answer to Plaintiffs Complaint in this case. Deemed admissions are an excellent basis for a motion for summary judgment because they are considered to be statements by the party that failed to respond that admit guilt or at least the elements that the moving party must prove in order to win the motion for summary judgment. (See Exhibits #2 and #3.) Yet Defendant still refused to answer Plaintiffs complaint and discovery. On April 1, 2005, Clarence P. Shoffner, Debtors' prior Counsel, with substantial justification or that other circumstances make the imposition of ), The failure to respond is a misuse of the discovery process, and sanctions may be warranted. Guide: Civil Procedure Before Trial (TRG 2020), 8:1375.1 citing Wilcox v. Birtwhistle (1999) 21 C4th 973, 979. Prac. Co., 669 F.2d 1242 (9th Cir. (c) Unless notice of this motion is given within 45 days of the service of the verified They quite literally worked as hard as if not harder than the doctors to save our lives. for admission necessitated this motion. Callous disregard of discovery responsibilities cannot be condoned. Requests for admissions are very useful in that they allow a party to get certain admissions or denials of issues relevant to the lawsuit on record before the trial, as well as authenticating certain documents. (Allen-Pacific, Ltd. v. Superior Court (1997) 57 Cal.App.4th 1546, 1551-1552 (disapproved of on other grounds by Wilcox v. Birtwhistle (1999) 21 Cal.4th 973, 983, fn. Summary judgment is appropriate if the moving party shows that "there is no genuine issue of material fact and that [he] is entitled to judgment as a matter of law." Your credits were successfully purchased. Requests for admission. 4 The moving party bears the burden of affirmatively demonstrating the absence of a triable issue, and that the summary judgment record entitles him or her to judgment as a matter of law. Here, such a sanction is appropriate. A motion for an order having the matters specified in requests for admission deemed admitted in California can be filed when a party has failed to respond to the requests for admission. Requests for Admissions ("RFAs") permit any party to request any other party to admit: (1) the truth of specified matters of fact, opinion relating to fact, or application of law to fact; or (2) the genuineness of specified documents. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Why You Need to Bring that Motion To Compel Further Responses to Interrogatories. (e) If a party then fails to obey an order compelling further response to requests Is Credit Reporting an Attempt to Collect a Debt? Motion to Deem Requests for Admissions and Genuineness of Documents Admitted It is undisputed that failure to answer or object to a proper request for admission is itself an admission: the Rule itself so states. P. Rule 36 Requests for Admission are deemed admitted unless the party to whom the requests are directed affirmatively admits or denies the request within 30 days after service of the request of being served. The NEPLP did proceed, however, to serve interrogatories and requests for production of documents to seek the details of Plaintiffs case on May 7, 2001. 207, 209 (1989). ), In Allen-Pacific, Ltd. v. Superior Court, the court of appeal found that the trial court exceeded its authority under Code of Civil Procedure 2033(k) in denying the plaintiffs motion to deem admitted the truth of the matters specified in the RFAs and for monetary sanctions under CCP 2023, which were mandatory. P., Rule 36. If the court determines that an answer is insufficient, the court shall order either that an amended answer be served or that the matter be deemed admitted. Your subscription has successfully been upgraded. We invite you to contact us and welcome your calls, letters and electronic mail. (d) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion (See Exhibit #4.) The party who has requested the admissions may move to determine the sufficiency of the answers or objections. If a party fails to serve a timely response, the requesting party may move for an order that the requests be deemed admitted. You will need to file a motion to withdraw deemed admissions which is a request to the judge that the admissions be withdrawn as deemed and more time given to you to respond. The matter is admitted unless, within 21 days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by his attorney, but, unless the court Code Civ. with Sections 2033.210, 2033.220, and 2033.230. The party requesting the admission may move to determine the sufficiency of an answer or objection that it deems insufficient. See California Rule of Court 3.1345(b). I am so grateful that I was lucky to pick Miller & Zois. The court, on motion, may relieve that party from this waiver on its determination Geovera Specialty Insurance Company, 1 Plaintiff received an e-mail from NEPLPs counsel indicating that these responses were forthcoming the day before this motion was filed. There are several different times that the problem may appear or it may never. Particularly, what to do if your request for admissions is not responded to. All rights reserved. Hearing Date: October 4, 2018 10 A Request for Admissions is a discovery tool used in litigation to confirm areas that the parties agree on or lock a party into certain positions or facts. Bringing a motion to have matters deemed admitted throws down the gauntlet in the discovery process. 2033.280(a)(1)-(2).) Requests for Admissions are Deemed Admitted or (2) . If the judge refuses to grant the continuance, which is likely, your only option is to object to the inclusion of the deemed admissions and remind the judge and jury as often as possible that the admissions are not actually yours but are the result of a legal technicality. Unless the court determines that an objection is justified, it will order that an answer be served. 2033.280 (c) .) MOTION TO - FOR - DEEM REQUESTS FOR ADMISSIONS ADMITTED December 17, 2019. A party that fails to serve timely responses waives any objections to the request, including ones based on privilege or the pr ANCHOR BAY ENTERTAINMENT; Plaintiff, vs. LINDSAY DUNLAP, et al. Proc., 2033.010. The moving party is required to spell out exactly why they should win automatically and must mention that they are using the deemed admissions. Accessing Verdicts requires a change to your plan. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. (See Exhibit #8.) Plaintiff, David Meggett, by and through his undersigned attorneys, moves for judgment against the Defendant New England Patriots Limited Partnership, under M.G.L.c.150C, 2(a). Within 30 days after service of the requests for admissions, the party to whom the requests are directed "shall respond in writing under oath separately to each request." Code of Civ. Where the court grants a motion to compel responses, sanctions shall be imposed against the party who unsuccessfully makes or opposes a motion to compel, unless the party acted with substantial justification or the sanction would otherwise be unjust. response to the requests for admission that is in substantial compliance with Section 2033.220. Read court documents, court records online and search Trellis.law comprehensive legal database for any state court documents. P. 1.370(a). Thus, unsworn responses are tantamount to no response at all. Vaxter, Shantanice D, Ct. (1972) 22 CA 3d 812 at page 815 the Second District Court of Appeal stated, We do not see, however, how any court can force a litigant to admit any particular fact if he is willing to risk a perjury prosecution or financial sanctions. Motions to Com ..to serve responses. Defendant. 1 0 obj<>/ProcSet[/PDF/Text]/ExtGState<>>>>> endobj 4 0 obj<> endobj 5 0 obj<> endobj 6 0 obj<> endobj 7 0 obj<> endobj 8 0 obj<>/ProcSet[/PDF/Text]/ExtGState<>>>>> endobj 11 0 obj<> endobj 12 0 obj<>/ProcSet[/PDF/Text]/ExtGState<>>>>> endobj 15 0 obj<> endobj 16 0 obj<>/ProcSet[/PDF/Text]/ExtGState<>>>>> endobj 19 0 obj<>/ProcSet[/PDF/Text]/ExtGState<>>>>> endobj 22 0 obj<> endobj 23 0 obj<>stream Notify me of followup comments via e-mail. (See Exhibit #6.) Adding your team is easy in the "Manage Company Users" tab. ), For motions to deem RFAs admitted, even where the motion is defeated by the provision of responses, it is mandatory for the court to impose a monetary sanction on the party or attorney who failed to serve timely responses to the RFAs, thus necessitating the motion in the first place. Requests for admission under Rule 36 can be an effective tool in discovery to confirm essential information or to force the opposition to clarify an ambiguous position. If the application is approved by the ERM, an operating permit fee will be required prior to issuance of the permit. Current as of January 01, 2019 | Updated by FindLaw Staff. 550, 553, 340 N.E.2d 877 (1976), , 410 Mass. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify his answer or deny only a part of the matter of which an admission is requested, he shall specify so much of it as is true and qualify or deny the remainder. The matters specified may be the truth of certain facts, or the genuineness of certain documents. The court shall make this order unless it finds that the party to whom the request for admissions was served, before the hearing on the motion, served a proposed response to the Request for Admissions that is in substantial compliance with section 2033.220 See Code of Civil Procedure 2033.280(b). Code Civ. (b) The requesting party may move for an order that the genuineness of any documents Although counsel may verify a pleading when his client is absent from the county where counsel has his office (Code Civ. One or two word search terms work best. Proc. Proc. You can always see your envelopes Generally you find out that the other side is using deemed admissions as the basis for summary judgment when you receive the motion. On June 18, 2019, Petitioner Mid-Century Insurance Company (Petitioner) petitioned the Court to assign a case number for the purpose of enforcing discovery in an uninsured motorist arbitration proceeding pursuant to Insurance Code Section 11580.2(f).

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