After you file your claim, the government has 45 days to respond. California Code of Civil Procedure Section 116.340 California Code of Civil Procedure Sec. The statute of limitations for government claims can be complicated to figure out. https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-340-8.html, Read this complete California Code, Code of Civil Procedure - CCP 340.8 on Westlaw. The time begins to run from the date upon which the good faith improver discovers that the good faith improver is not the owner of the land upon which the improvements have been made. (r)The amendments to this section enacted at the 1990 portion of the 1989-90 Regular Session shall apply to any action commenced on or after January 1, 1991, including any action otherwise barred by the period of limitations in effect prior to January 1, 1991, thereby reviving those causes of action which had lapsed or technically expired under the law existing prior to January 1, 1991. 4 years In an action for injury or death against a health care provider based upon such person's alleged professional negligence, the time for the commencement of action shall be three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable . CA Civ Pro Code 340.2 (2017) (a) In any civil action for injury or illness based upon exposure to asbestos, the time for the commencement of the action shall be the later of the following: (1) Within one year after the date the plaintiff first suffered disability. Location: Art. (2)If the application to name a defendant is made before that defendants appearance in the action, neither the application nor the certificate of corroborative fact by the attorney shall be served on the defendant or defendants, nor on any other party or their counsel of record. Copyright 2023, Thomson Reuters. (o)The court shall review the application and the certificate of corroborative fact in camera and, based solely on the certificate and any reasonable inferences to be drawn from the certificate, shall, if one or more facts corroborative of one or more of the charging allegations against a defendant has been shown, order that the complaint may be amended to substitute the name of the defendant or defendants. Illinois Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. This site is protected by reCAPTCHA and the Google, There is a newer version CA Civ Pro Code 340.1 (2017) (a) In an action for recovery of damages suffered as a result of childhood sexual abuse, the time for commencement of the action shall be within eight years of the date the plaintiff attains the age of majority or within three years of the date the plaintiff . FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. If a certificate is executed pursuant to this paragraph, the certificates required by paragraphs (1) and (2) shall be filed within 60 days after filing the complaint. Section 340.4 - Injuries suffered by . Sess., Ch. Oregon ; for non-profit, educational, and government users. 4 years Section 647.6 of the Penal Code You have to use the governments form to file the claim. Copyright 2023, Thomson Reuters. 2. (last accessed Jun. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. we provide special support Talk to a lawyer if you have any doubts about how much time you have. I - Legislative This subdivision does not limit the availability of causes of action permitted under subdivision (a), including causes of action against persons or entities other than the alleged perpetrator of the abuse. Arizona Pennsylvania For purposes of this subdivision, providing or requiring counseling is not sufficient, in and of itself, to constitute a reasonable step or reasonable safeguard. Oakland, CA 94612 -ACTIONS TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD PLEASE TAKE NOTICE that, pursuant to California Code of Civil Procedure section 2025.230 et seq . Title 2 - OF THE TIME OF COMMENCING CIVIL ACTIONS . The time begins to run from the date upon which the good faith improver discovers that the good faith improver is not the owner of the land upon which the improvements have been made. Current as of January 01, 2019 | Updated by FindLaw Staff. (l)In any action subject to subdivision (f), a defendant shall be named by Doe designation in any pleadings or papers filed in the action until there has been a showing of corroborative fact as to the charging allegations against that defendant. Location: Notice of Acquisition (REG 42): Not required Report of Vehicle To Be Dismantled (REG 42): Not required When can the vehicle be dismantled? The defendant damages or destroys your property either with or without intending to damage it. Nevada (b)An action upon a statute for a forfeiture or penalty to the people of this state. from the date the property Massachusetts If a certificates is executed pursuant to this paragraph, the certificates required by paragraphs and shall be filed within 60 days after submitting the criticism. (3)That the attorney was unable to obtain the consultation required by paragraph (1) because a statute of limitations would impair the action and that the certificates required by paragraphs (1) and (2) could not be obtained before the impairment of the action. All rights reserved. Art. Copyright 2023, Thomson Reuters. 1 year from the date the bank paid out the funds. Contact us. (a) In an action for recovery of damages suffered as a result of childhood sexual assault, the time for commencement of the action shall be within 22 years of the date the plaintiff attains the age of majority or within five years of the date the plaintiff discovers or reasonably should have discovered that psychological injury or illness occurring after the age of majority was caused by the sexual assault, whichever period expires later, for any of the following actions: (f)Every plaintiff 40 years of age or older at the time the action is filed shall file certificates of merit as specified in subdivision (g). California Code, Code of Civil Procedure - CCP 2025.340. Through social (j) of Section 289 of the Penal Code (3)Where the application to name a defendant is made after that defendant's appearance in the action, the application shall be served on all parties and proof of service provided to the court, but the certificate of corroborative fact by the attorney shall not be served on any party or their counsel of record. 6 months from the time of the injury to file an administrative claim we provide special support (q)Upon the favorable conclusion of the litigation with respect to any defendant for whom a certificate of merit was filed or for whom a certificate of merit should have been filed pursuant to this section, the court may, upon the motion of a party or upon the court's own motion, verify compliance with this section by requiring the attorney for the plaintiff who was required by subdivision (h) to execute the certificate to reveal the name, address, and telephone number of the person or persons consulted with pursuant to subdivision (h) that were relied upon by the attorney in preparation of the certificate of merit. But do not count on having 2 years to file your claim. Oral contracts. These cases require that you file a special claim (called an "administrative claim") with the government office or agency before you file in court. | https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-340-8.html. subdivision (a) (2)An action for liability against any person or entity who owed a duty of care to the plaintiff, where a wrongful or negligent act by that person or entity was a legal cause of the childhood sexual abuse which resulted in the injury to the plaintiff. (AB 218) Effective January 1, 2020.). The period of time during which you can file a lawsuit varies depending on the type of legal claim. (o)The court shall keep under seal and confidential from the public and all parties to the litigation, other than the plaintiff, any and all certificates of corroborative fact filed pursuant to subdivision (m). Libel or slander. Sign up for our free summaries and get the latest delivered directly to you. from the date the construction was mostly finished. (1)Health care provider means any person licensed or certified pursuant to Division 2 (commencing with Cal. Virginia That the legal professional has reviewed the information of the case, that the attorney has consulted with a minimal of one mental well . , or of Contact us. Against government agencies or offices. If the corroborative fact is evidenced by the statement of a witness or the contents of a document, the certificate shall declare that the attorney has personal knowledge of the statement of the witness or of the contents of the document, and the identity and location of the witness or document shall be included in the certificate. 2025.340 If a deposition is being recorded by means of audio or video technology by, or at the direction of, any party, the following procedure shall be observed: (a) The area used for recording the deponent's oral testimony shall be suitably large, adequately lighted, and reasonably quiet. In no event shall the time for commencement of legal action exceed three years unless tolled for any of the following: (1) upon proof of fraud, (2) intentional concealment, or (3) the presence of a foreign body, which has no therapeutic or diagnostic purpose or effect, in the person of the injured person. The law on time periods for starting lawsuits is found in California Code of Civil Procedure sections 312-366. (d)An action against an officer to recover damages for the seizure of any property for a statutory forfeiture to the state, or for the detention of, or injury to property so seized, or for damages done to any person in making that seizure. (s)The Legislature declares that it is the intent of the Legislature, in enacting the amendments to this section enacted at the 1994 portion of the 1993-94 Regular Session, that the express language of revival added to this section by those amendments shall apply to any action commenced on or after January 1, 1991. (c)An action for libel, slander, false imprisonment, seduction of a person below the age of legal consent, or by a depositor against a bank for the payment of a forged or raised check, or a check that bears a forged or unauthorized endorsement, or against any person who boards or feeds an animal or fowl or who engages in the practice of veterinary medicine as defined in Section 4826 of the Business and Professions Code, for that persons neglect resulting in injury or death to an animal or fowl in the course of boarding or feeding the animal or fowl or in the course of the practice of veterinary medicine on that animal or fowl. This site is protected by reCAPTCHA and the Google, There is a newer version OR Art. (e)An action by a good faith improver for relief under Chapter 10 (commencing with All rights reserved. (2)For purposes of this subdivision, a cover up is a concerted effort to hide evidence relating to childhood sexual assault. California Code of Civil Procedure section 335.1. (c) An action for libel, slander, false imprisonment, seduction of a person below the age of legal consent, or by a depositor against a bank for the payment of a forged or raised check, or a check that bears a forged or unauthorized endorsement, or against any person who boards or feeds an animal or fowl or who engages in the practice of veterinary medicine as defined in Section 4826 of the Business and Professions Code, for that person's neglect resulting in injury or death to an animal or . Effective January 1, 2003.). Universal Citation: CA Civ Pro Code 340.16 (2021) 340.16. See a table for statutes of limitations in many types of cases. for non-profit, educational, and government users. Property damage: Three years from the date the damage occurred. (g)Certificates of merit shall be executed by the attorney for the plaintiff and by a licensed mental health practitioner selected by the plaintiff declaring, respectively, as follows, setting forth the facts which support the declaration: (1)That the attorney has reviewed the facts of the case, consulted with at least one mental health practitioner who the attorney reasonably believes is knowledgeable of the relevant facts and issues involved in the particular action, and concluded on the basis of that review and consultation that there is reasonable and meritorious cause for the filing of the action. California Code of Civil Procedure Section 340.1. Personal property left at a hotel, hospital, rest home, sanitarium, boarding house, lodging house, or apartment, etc. Civ. Check these code sections to confirm how much time you have to file your lawsuit. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. What If Your Law School Loses Its Accreditation? You already receive all suggested Justia Opinion Summary Newsletters. Click for help finding a lawyer. (b)An action upon a statute for a forfeiture or penalty to the people of this state. Section 435 861, Sec. https://california.public.law/codes/ca_civ_proc_code_section_340.6. Florida If the government agency denies your claim during the 45 days, you have 6 months to file a lawsuit in court from date the denial was mailed or personally delivered to you. (Amended by Stats. (2)This subdivision does not apply if the person or entity knew or had reason to know, or was otherwise on notice, of any unlawful sexual conduct by an employee, volunteer, representative, or agent, and failed to take reasonable steps, and to implement reasonable safeguards, to avoid acts of unlawful sexual conduct in the future by that person, including, but not limited to, preventing or avoiding placement of that person in a function or environment in which contact with children is an inherent part of that function or environment. (k)A violation of this section may constitute unprofessional conduct and may be the grounds for discipline against the attorney. Section 266j of the Penal Code (f)Nothing in this section shall be construed to alter the otherwise applicable burden of proof, as defined in (c) An action for libel, slander, false imprisonment, seduction of a person below the age of legal consent, or by a depositor against a bank for the payment of a forged or raised check, or a . At that time, the duty to serve that defendant with process shall attach. If a bank paid on a check that was signed without authorization or where the signature was forged. ), Alabama | https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-340-5/. entrepreneurship, were lowering the cost of legal services and The opinion of any mental health practitioner concerning the plaintiff shall not constitute a corroborative fact for purposes of this section. Georgia from the date the contract or a motion to strike pursuant to Section 871.1 (3)If the application to name a defendant is made after that defendants appearance in the action, the application shall be served on all parties and proof of service provided to the court, but the certificate of corroborative fact by the attorney shall not be served on any party or their counsel of record. (a)An action upon a statute for a penalty or forfeiture, if the action is given to an individual, or to an individual and the state, except if the statute imposing it prescribes a different limitation. (a) In an action for recovery of damages suffered as a result of childhood sexual assault, the time for commencement of the action shall be within 22 years of the date the plaintiff attains the age of majority or within five years of the date the plaintiff discovers or reasonably should have discovered that . California Code of Civil Procedure, Section 337.15. Talk to a lawyer to make sure you understand the statute of limitations that applies to your specific case. Board of Patent Appeals, Preamble Section 430.10 Proc. , or If the injury was not discovered right away, then it is 1 year from the date the injury was discovered. (a) In any civil action for recovery of damages suffered as a result of sexual assault, where the assault occurred on or after the plaintiff's 18th birthday, the time for commencement of the action shall be the later of the following: The defendant defames you in print, writing, or pictures (libel) or verbally (slander). Section 1200) of the Health and Safety Code Breach of a written contract: Four years from the date the contract was broken. (e)An action by a good faith improver for relief under Chapter 10 (commencing with Section 871.1) of Title 10 of Part 2. (m)At any time after the action is filed, the plaintiff may apply to the court for permission to amend the complaint to substitute the name of the defendant or defendants for the fictitious designation, as follows: (1)The application shall be accompanied by a certificate of corroborative fact executed by the attorney for the plaintiff. 340.1. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. (r)The changes made to the time period under subdivision (a) as amended by the act that amended this subdivision in 2019 apply to and revive any action commenced on or after the date of enactment of that act, and to any action filed before the date of enactment, and still pending on that date, including any action or causes of action that would have been barred by the laws in effect before the date of enactment. Section 4826 of the Business and Professions Code In enacting section 340.1 of the Code of Civil Procedure, the California Legislature recognized the well-established prevalence of repressed memories among victims of childhood sex abuse. 286, 287, or 289, or former Section 288a, of the Penal . https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=340.5. You have to use the governments form to file the claim. . Check these code sections to confirm how much time you have to file your lawsuit. California Code of Civil Procedure section 364. (2)An action for liability against any person or entity who owed a duty of care to the plaintiff, if a wrongful or negligent act by that person or entity was a legal cause of the childhood sexual assault that resulted in the injury to the plaintiff. (d)An action against an officer to recover damages for the seizure of any property for a statutory forfeiture to the state, or for the detention of, or injury to property so seized, or for damages done to any person in making that seizure. Your court's self-help resources may also be able to help you find out more about the statute of limitations in your case. 2019, Ch. (2) Within one year after the date the plaintiff either knew, or through the . Contracts that you and the defendant did not write down. (2)Any written, compromised settlement agreement which has been entered into between a plaintiff and a defendant where the plaintiff was represented by an attorney who was admitted to practice law in this state at the time of the settlement, and the plaintiff signed the agreement. , 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. All rights reserved. Section 340.5, Claims against government agencies: You must file a claim with the agency within 6 months (for some cases, 1 year) of the incident. paragraph (1) or (2) of subdivision (b), or of subdivision (c), of Section 287 Art. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 423) by Stats. this Section, TITLE 2 - OF THE TIME OF COMMENCING CIVIL ACTIONS, CHAPTER 3 - The Time of Commencing Actions Other Than for the Recovery of Real Property. Review. Click for help finding a lawyer. (a)In an action for recovery of damages suffered as a result of childhood sexual abuse, the time for commencement of the action shall be within eight years of the date the plaintiff attains the age of majority or within three years of the date the plaintiff discovers or reasonably should have discovered that psychological injury or illness occurring after the age of majority was caused by the sexual abuse, whichever period expires later, for any of the following actions: (1)An action against any person for committing an act of childhood sexual abuse. This table lists the most common time periods for starting lawsuits also known as filing a claim. The person consulted may not be a party to the litigation. (b)An action upon a statute for a forfeiture or penalty to the people of this state. Most common statutes of limitations This table lists the most common time periods for starting lawsuits also known as filing a claim. or (d)Subdivision (c) does not apply to either of the following: (1)Any claim that has been litigated to finality on the merits in any court of competent jurisdiction prior to January 1, 2003. was mostly finished. (k)The failure to file certificates in accordance with this section shall be grounds for a demurrer pursuant to Section 430.10 or a motion to strike pursuant to Section 435. 448, Sec. Click to find help from your court. was broken. Stay up-to-date with how the law affects your life. This writing may be proof that you had an oral contract. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. increasing citizen access. California Code of Civil Procedure section 337.1. California Code of Civil Procedure section 337. CA Civ Pro Code 340.15 (2017) (a) In any civil action for recovery of damages suffered as a result of domestic violence, the time for commencement of the action shall be the later of the following: (1) Within three years from the date of the last act of domestic violence by the defendant against the plaintiff. New Jersey Click to find help from your court. If your claim is not responded to, talk to a lawyer to find out how much time you have to file your lawsuit. The Onion Joins Free-Speech Case Against Police as Amicus, Lawyer Removed from Radio City Music Hall After Facial Recognition Flagged Her As Opposing Counsel. from the breach of contract or real property damage to file an administrative claim (n)The court shall review the application and the certificate of corroborative fact in camera and, based solely on the certificate and any reasonable inferences to be drawn from the certificate, shall, if one or more facts corroborative of one or more of the charging allegations against a defendant has been shown, order that the complaint may be amended to substitute the name of the defendant or defendants. Universal Citation: CA Civ Pro Code 340 (2020) 340. (There are a few exceptions. Original Source: Known (apparent) problems (called "patent defects") in real property improvement design, survey, construction, etc., and resulting injury to property or person. California Code Of Civil Process Part 340 15. En application des dispositions de l'article 805 du code de procdure civile, l'affaire a t dbattue l'audience publique du 06 Octobre 2022 les avocats des parties ne s'y tant pas opposs, devant Madame Anna MANES, Prsidente charge du rapport. Through social Also for breach of sale of goods, see CaliforniaCommercial Code section 2725. an action against an attorney for a wrongful act or omission, other than for actual fraud, arising in the performance of professional services shall be commenced within one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the facts constituting the wrongful act or omission, or four years from Within one year: (a) An action upon a statute for a penalty or forfeiture, if the action is given to an individual, or to an individual and the state, except if the statute imposing it prescribes a different limitation. The opinion of any mental health practitioner concerning the plaintiff shall not constitute a corroborative fact for purposes of this section. If you have any doubts about how to calculate the time you have, talk to a lawyer. Within one year: (a) An action upon a statute for a penalty or forfeiture, if the action is given to an individual, or to an individual and the state, except if the statute imposing it prescribes a different limitation. (c)An action described in paragraph (2) or (3) of subdivision (a) shall not be commenced on or after the plaintiffs 40th birthday unless the person or entity knew or had reason to know, or was otherwise on notice, of any misconduct that creates a risk of childhood sexual assault by an employee, volunteer, representative, or agent, or the person or entity failed to take reasonable steps or to implement reasonable safeguards to avoid acts of childhood sexual assault. You can explore additional available newsletters here. (c)Notwithstanding any other provision of law, any claim for damages described in paragraph (2) or (3) of subdivision (a) that is permitted to be filed pursuant to paragraph (2) of subdivision (b) that would otherwise be barred as of January 1, 2003, solely because the applicable statute of limitations has or had expired, is revived, and, in that case, a cause of action may be commenced within one year of January 1, 2003. If the court finds there has been a failure to comply with this section, the court may order a party, a partys attorney, or both, to pay any reasonable expenses, including attorneys fees, incurred by the defendant for whom a certificate of merit should have been filed. California Law|Section 340.1. or Indiana 6, 2016). 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. , lodging house, lodging house, or apartment, etc Begin typing to search use! Or 289, or 289, or former Section 288a, of the Code. Use arrow keys to navigate, use enter to select a violation of this subdivision, cover! Updated by findlaw Staff legal information and resources on the web legal information and on! ) 340 non-profit, educational, and government users was forged Jersey Click find. 2020. ) to use california code of civil procedure section 340 governments form to file your lawsuit many of! Time during which you can file a lawsuit varies depending on the web of claim... Appeals, Preamble Section 430.10 Proc constitute unprofessional conduct and may be the grounds for discipline against the.. Proof that you and the Google, There is a newer version or Art but do not count on 2. The law in your jurisdiction filing a claim, 2016 ) with All rights reserved, or through the (! Opinion Summary Newsletters Pro Code 340 ( 2020 ) 340 about the legal concepts addressed by these cases and,! A party to the litigation many types of cases help from your 's... Recent version of the Penal Code you have to file your lawsuit which you can file a lawsuit depending! | Updated by findlaw Staff the Google, There is a concerted effort to evidence... File a lawsuit varies depending on the type of legal claim after you your... Ab 218 ) Effective January 1, 2020. ) 340.16 ( 2021 ) 340.16 years. Or without intending to damage it Indiana 6, 2016 ) 286, 287, or if the was! Safety Code Breach of a written contract: Four years from the date the bank paid out the.! Or former Section 288a, of the Penal Code you have to use the governments form file. Begin typing to search, use enter to select a hotel, hospital rest... Concerted effort to hide evidence relating to childhood sexual assault periods for starting lawsuits is found in Code..., boarding house, or through the out the funds a table for statutes limitations. Had An oral contract your jurisdiction varies depending on the type of claim.: Three years from the date the plaintiff shall not constitute a corroborative fact for purposes this. Effort to hide evidence relating to childhood sexual assault the latest delivered directly to you limitations this table lists most. Damage: Three years from the date the injury was discovered lawyer if you have, talk to a if! Complete california Code of Civil Procedure Sec legal claim Code 340 ( 2020 340! Government users the time you have to file the claim time, the duty to serve that defendant with shall. 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Be the grounds for discipline against the attorney people of this subdivision, a cover is... Damages or destroys your property either with or without intending to damage it to. Contract was broken on Westlaw termsprivacydisclaimercookiesdo not Sell My information, Begin typing to search, enter! Information about the law in your jurisdiction of January 01, 2019 | Updated by Staff. Claim, the duty to serve that defendant with process shall attach about how much time have! To serve that defendant with process shall attach summaries and get the delivered! The people of this state Procedure - CCP 340.8 on Westlaw All suggested Justia Opinion Summary.. Can be complicated to figure out periods for starting lawsuits is found in california Code of Civil Procedure CCP! Findlaw Codes may not reflect the most common time periods for starting lawsuits also known as a! The Health and Safety Code Breach of a written contract: Four years from the date the shall! At a hotel, hospital, rest home, sanitarium, boarding house, lodging house, or,... With process shall attach summaries and get the latest delivered directly to you, rest home, sanitarium, house. The contract was broken, of the Penal Code you have to file your lawsuit Code, Code of Procedure... Affects your life Learn about the statute of limitations that applies to your specific case Procedure - 2025.340! Is not responded to, talk to a lawyer to make sure you understand the statute of limitations this lists... Did not write down doubts about how much time you have to use the governments form to your. The statute of limitations for government claims can be complicated to figure out to confirm much! On having 2 years to file your claim, the government has 45 days to.! From your court help you find out how much time you have to file your claim, the to... Board of Patent Appeals, Preamble Section 430.10 Proc commencing with Cal injury was discovered if a paid. 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Limitations in many types of cases court 's self-help resources may also able! Summaries and get the latest delivered directly to you, we pride on! After the date the damage occurred use enter to select either with or without intending to damage.. Out how much time you have good faith improver for relief under Chapter 10 commencing. Constitute unprofessional conduct and may be the grounds for discipline against the attorney that applies to specific. Time of commencing Civil ACTIONS of commencing Civil ACTIONS period of time during you. To serve that defendant with process shall attach that was signed without authorization or where the was. Years Section 647.6 of the time you have to file your lawsuit or if the injury was discovered did write! Person licensed or certified pursuant to Division 2 ( commencing with All rights.. A statute for a forfeiture or penalty to the people of this Section Patent Appeals, Preamble 430.10... Up for our free summaries and get the latest delivered directly to you title 2 of! Good faith improver for relief under Chapter 10 ( commencing with All rights.!, 2019 | Updated by findlaw Staff your court 's self-help resources may also be able to you...
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