TMC was later dismissed from . Plaintiffs allege Defendant Williams Homes, Inc. is the developer of the parcel, with Defendant B&M Contractors, Inc. responsible for construction. Horton. STEVEN JAMES LITTLE, ET AL. As a condition of listing their homes on an MLS, a centralized database listing homes for sale, sellers are required to agree that the listing agent will split the commission with the agent representing the buyer. Defendants challenge the claim on a failure of consideration given the statutorily existing obligation to conduct repairs under the Right to Repair Law statutes. The defendants own and operate some of the largest real estate brokerages in the country. On December 17, 2021, Defendant B&M Contractors, Inc., and filed a cross-complaint for Declaratory Relief, Implied Indemnity, Comparative Equitable Indemnity, and Contribution. Mr. Williams received his Bachelors degree in Finance, Real Estate and Law from California State Polytechnic University, Pomona. NAR has petitioned to block the Justice Departments withdrawal from the settlement, which was reached during former President Donald Trumps administration. (Amelco Electric v. City of Thousand Oaks (2002) 27 Cal.4th 228, 238-239.) Chief Marketing Officer & Division President, Southern California. The court finds no basis of support for quantum meruit against the contractor defendants. Defendants in reply reiterates the lack of supporting facts and bases of liability. 2023-02-21, Riverside County Superior Courts | Contract | Administrative; Admiralty and Maritime; Adoption; Adoption & Surrogacy; ADR; Agricultural; Alternative Dispute Resolution; American and International; Animal Law Kathy is a graduate of California State University Northridge. KCUR serves the Kansas City region with breaking news and powerful storytelling. A20A1059. Inspector William Martin was hired by the law firm to look into LGI Homes' construction practices, and he said that of the 10 homes he had reviewed, all suffered from improper installations. Defendants challenge the oral contract on grounds of lack of formation and basis of consideration. The Williams Homes' team has established a relationship with its family of homebuyers as a builder who stands behind its product and continues to provide a level of customer service that exceeds expectations. The California Supreme Court interpreted the statutes, and found the common law provisions arising in contract, fraud and personal injury remain undisturbed, but economic losses and property damages claims expressed in claims of negligence and strict liability are now governed by the new statutory scheme. Our home is amazing and we are very happy to be part of the Williams Homes community. We have homes for sale in Central Coast and Southern California, Idaho, and Montana. (e)(1).) Quality of workmanship is beyond poor and they stand behind nothing. Petronila Williams Obituary. Please do not hesitate to contact us at 888.486.2211 or email whwarranty@williamshomes.com . Robertson's Ready Mix LTD vs. When your Williams Homes representative shakes your hand at closing, it signifies a commitment that has been fulfilled by a team dedicated to making your American dream a reality. They definitely provide a high level of quality! I want to receive updates on future communities from Williams Homes in my inbox. A service for Williams eventually was held on Sept. 8, more than two weeks after the family had planned, and she was buried, the lawsuit says. The articulated terms are sufficient for purposes of determining the legal effect of the contract. The developer's salespeople will say anything to make a sale! [Id., 30.]. We're part of a very hostile HOA! To state a cause of action for breach of contract, [a plaintiff] must plead the contract, his performance of the contract or excuse for nonperformance, [defendants] breach and the resulting damage. If Plaintiffs decline or fail to file a third amended complaint, Defendants are ordered to answer the remaining causes of action. [Sec. Marc considers himself the least corporate of Williams Homes VPs Outside of work, he spends his time eating cheese with his German Shepherd, trying against all odds to find something good to watch on Netflix (demonstrating his innate patience and perseverance), and being the biggest nerd you know!. Local broker marketplaces ensure equity, transparency, and market-driven pricing options for the benefit of home buyers and sellers. Her primary focus is leading the service team in confirming the home is delivered the Williams Homes way and ensuring the service team provides exceptional service to our homeowners, while fulfilling our warranty commitment. 2022-09-16. He allows agents from . On 11/17/2021 STEVEN JAMES LITTLE, filed a Property - Construction Defect lawsuit against WILLIAMS HOMES, INC , A CALIFORNIA CORPORATION,. Defendants challenge the fraud claims on grounds that the operative complaint lacks sufficient articulation of any representations by Lance Williams. On August 31, 2022, Plaintiffs filed their opposition to Defendants Demurrer. Birdeye helps millions of local businesses to be found online with all their reviews and accurate business information. Mike holds a Bachelor of Arts degree in City and Regional Planning from California Polytechnic State University, San Luis Obispo and a California Real Estate License. The motion to strike is moot as to the fraud causes of action, and granted as to the conversion claim. Kathy's involvement in the Building Industry Association for Los Angeles/Ventura includes service on the board and leadership of the Greater Sales and Marketing Council to revive membership, share new ideas and continue education through Lunch and Learn events. Omitted [emphasis added].). Stephen P. Pfahler in Department F49 Chatsworth Courthouse. Plaintiff may only add facts in support of the punitive damages claims. (2010) 185 Cal.App.4th 1018, 1023.) Defendants challenge the claim on a failure of consideration given the statutorily existing obligation to conduct repairs under the Right to Repair Law statutes. Former Keller Williams CEO John Davis sues Gary Keller for $300M. [Sec. Specific facts must be pled in support of punitive damages. As building began everyone we met on the job site was super friendly and helpful. Said claims specifically indicate a claim for economic loss and property damage. "Local broker marketplaces also level the playing field among brokerages, allowing small brokerages to compete with large ones, and provide for unprecedented competition among brokers, including different service and pricing models.. It was Sadies passion for creativity that drove her back into homebuilding. Punitive damages require more than the mere commission of a tort. On the concealment claim, Plaintiffs rely on the claim that Defendants should have instructed them to vacate the residence during the repairs in order to allow timely repair, while the promissory fraud alleges a promise to never perform. 37-2021-00039100-CU-BC-CTL, has been filed in the Superior Court of the State of California, County of San Diego. Not registered yet? Plaintiffs Steven Little and Brittany Little, as both individuals and trustees of the Steven Little and Brittle Little Revocable Family Trust Dated May 15, 2014 allege the purchase of a home in Stevenson Ranch from Defendant WH Oak Ridge 17, LLC (Oak Ridge) on November 1, 2015. Mr. Mendoza joined Williams in 1997 and is responsible for all aspects of field construction management and supervision, including scheduling, site development, construction, and delivery. Martin Mendoza has more than twenty years of residential building experience and has overseen construction for Williams since 2001. A demurrer is an objection to a pleading, the grounds for which are apparent from either the face of the complaint or a matter of which the court may take judicial notice. The mere allegation an intentional tort was committed is not sufficient to warrant an award of punitive damages. Plaintiff in opposition contends paragraph 21 of the second amended complaint articulates the pertinent contractual term: the requirement in the purchase agreement that all disputes require adherence to the Right to Repair Law statutes under Civil Code section 895-945.5. Plaintiffs in opposition maintains the uncertainty challenges are not sufficient to sustain the demurrer. Plaintiff is granted 30 days leave to amend. HAVENBROOK HOMES, LLC et al. We build in locations that resonate on a personal level to make sure youd never live where wewouldnt. Plaintiffs improperly seek relief beyond the statutory scheme now governing construction defect. The Williams team was patient with me and always encouraging. In his free time, Nathan enjoys watching his kids play soccer, coffee dates with his wife, or escaping to the wilderness to hunt and fish. Plaintiffs allege an oral agreement whereby Defendants would complete construction defect repairs in exchange for Plaintiffs to forego filing a lawsuit. On March 21, 2021, the court took the demurrer to the complaint off-calendar and deemed the first amended complaint filed. Plaintiff may not add any new causes of action, but may add facts. Mr. Klein originally joined Williams in 2004 as the SVP of Finance and Operations. Like the written contract, Defendants also challenge the reliance on the statutory authority as a basis compelling repairs under alleged contractual obligations. Mr. Williams has also been recognized by his alma mater as distinguished alumni for outstanding early career success and outstanding entrepreneurship. Proc., 430.41. . During his tenure at Castle & Cooke, he grew a 50-homes per year operation into a 350-homes per year operation. Managing your client's interests has never been easier. They were responsive, always courteous, informative and offered us good and timely advice and "hand holding" from beginning to end. HAVENBROOK HOMES, LLC et al. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, I want to receive updates on future communities from Williams Homes in my inbox. (See Harlan v. Department of Transp. She is process focused, results oriented, and driven to provide the best warranty service to our customers. They worked very hard in connection with our realtor and lender to ensure our needs were being met and our voices were heard. Kathleen Kathy Magner is the Vice President of Sales and Marketing at Williams Homes, where she leads a team of seasoned sales professionals, creative marketing minds, and a top-notch escrow team. [] It felt like we were working with family & friends. Prior to employment with Williams Homes, Jason served as a consultant who helped locate land acquisition opportunities which allowed Williams Homes to begin long-term operations in Montana and build their division in the state. HomeServices of America, an affiliate of Berkshire Hathaway, owns and operates ReeceNichols Real Estate and Prudential Real Estate, among others. My husband and I just bought our first home through Williams homes!! Our brand new home needed a dishwasher replacement after a year. Her career in homebuilding began in 2000 and through several job advancements, she became a warranty manager. Contact Information. Further, the complaint must indicate on its face whether the contract is written, oral, or implied by conduct. Recently bought our first home from this builder, and all I can say is it was a fantastic experience. When you have an issue they argue and treat it like its not a big deal. Concrete by Design, In the Matter of In the Matter of Dylan Bradley Moran Special Needs Trust, DAROUSH JADALI VS CALIFORNIA FAIR PLAN ASSOCIATION. On May 18, 2022, the court entered the stipulation of the parties for leave to file a second amended complaint. (See Taylor v. Superior Court (1979) 24 Cal.3d 890, 894-95.) (Hillard v. A.H. Robins Co. (1983) 148 Cal.App.3d 374, 391-392.) Marcs education includes a bachelors degree in economics from California State University Northridge as well as graduation from a Tactical Small Unit Leaders Course, earned during his time in service with the US Marine Corps. Notice - COMPLEX CIVIL CASE QUESTIONNAIRE, Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE), Notice Re: Continuance of Hearing and Order, Answer - ANSWER TO THE THIRD AMENDED COMPLAINT, Declaration - DECLARATION OF ANDREW J. MALLON REGARDING MEET AND CONFER IN SUPPORT OF DEMURRER AND MOTION TO STRIKE, Minute Order - MINUTE ORDER (HEARING ON DEMURRER - WITH MOTION TO STRIKE (CCP 430.10); CAS), Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON DEMURRER - WITH MOTION TO STRIKE (CCP 430.10); CAS) OF 09/15/2022, Minute Order - MINUTE ORDER (HEARING ON DEMURRER - WITH MOTION TO STRIKE (CCP 430.10); CAS), Reply - REPLY DEFENDANTS WILLIAMS HOMES, INC., LANCE KARL WILLIAMS, WH OAK RIDGE 17, LLCS' REPLY TO PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION TO STRIKE PORTIONS OF PLAINTIFFS' SECOND AMENDED COMPLA, Reply - REPLY DEFENDANTS WILLIAMS HOMES, INC., LANCE KARL WILLIAMS, WH OAK RIDGE 17, LLC'S REPLY TO PLAINTIFFS' OPPOSITION TO DEFENDANTS' DEMURRER TO PLAINTIFFS' SECOND AMENDED COMPLAINT, Opposition - PLAINTIFFS MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO MOTION TO STRIKE PORTIONS OF THE SECOND AMENDED COMPLAINT, Opposition - PLAINTIFFS MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO DEMURRER TO SECOND AMENDED COMPLAINT, Cases involving damage to real property caused by construction defects. DocketNotice of Case Assignment - Unlimited Civil Case; Filed by: Clerk, Case Number: *******0882 Hearing Date: September 15, 2022 Dept: F49, Trial Date: Not Set (CMC scheduled for 9-15-22). Entitlements Director, Southern California. Summons on Complaint; Issued and Filed by: Steven James Little (Plaintiff); Brittany Little (Plaintiff); Steven Little and Brittany Little as Trustees of the Steven Little and Brittany Little Revocable Family Trust Dated May 15, 2014 (Plaintiff); As to: Williams Homes, Inc., a California corporation (Defendant); WH Oak Ridge 17, LLC, a California limited liability company (Defendant); American Contractors Indemnity Company, a California corporation (Defendant) et al. Randy supervises all Corporate and Division accounting functions at Williams Homes. Kristina joined Williams Homes in August 2014 and is responsible for people operations, company culture, and risk management for all Williams Homes divisions. As with the breach of contract cause of action, Plaintiffs correctly cite to the exemptions. A cause of action for damages for breach of contract is comprised of the following elements: (1) the contract, (2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) the resulting damages to plaintiff. (Careau & Co. v. Security Pacific Business Credit, Inc. (1990) 222 Cal.App.3d 1371, 1388.). Mr. Mendoza is a multi-disciplined construction executive and tradesman with a consistent record of delivering projects on time, on schedule, and with exceptional quality. (3) [a deceit includes [t]he suppression of a fact, by one who is bound to disclose it, or who gives information of other facts which are likely to mislead for want of communication of that fact]; Citation. Public Records Policy. Although Plaintiffs are granted leave to file their third amended complaint, the potential future pleading only constitutes the first pleading following consideration of a demurrer, given the improperly filed first amended complaint and stipulated second amended complaint. (2005) 132 Cal.App.4th 868, 874.) Keller Williams settles cold-calling lawsuit for $40 million Supreme Court rejects NAR petition in pocket listing case Anywhere announces more layoffs, shutters iBuying Pending sales dip to. Demurrer: Sustained with Leave to Amend in Part/Overruled in Part. August 26, 2020 In the Court of Appeals of Georgia A20A1057, A20A1058. Beat local competitors. As for the concealment claim, Plaintiffs reliance on the conclusion that the failure to disclose the necessity to move out of the house in order to allow the timely facilitation of repairs, also fails to actually provide the basis for disclosure or specifically establish the nexus between the alleged withheld information and 15 month additional repair period. A former PBA Most Valuable Player, Williams is still averaging 8.7 points 5.7 rebounds and 1.6 assists for TNT in the ongoing Commissioner's Cup. 2013-02-08, Los Angeles County Superior Courts | Contract | In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties. (Code Civ. Plaintiffs counter that the complaint sufficiently articulates the claim for punitive damages. In addition to the rights under this title, this title does not apply to any action by a claimant to enforce a contract or express contractual provision, or any action for fraud, personal injury, or violation of a statute. Learn more about Birdeye. She has found success in 1,000+ closed escrows all across California and in Arizona. Jim made it a very smooth process. The pro-competitive, pro-consumer local broker marketplaces serve the best interests of buyers and sellers, NAR said. BBB asks third parties who publish complaints . The court has discretion to accept an untimely amendment without a prior noticed motion by the plaintiff. Business Profile for Bruce Williams Homes. Therefore, the demurrer is moot and taken off-calendar. They truly made the home buying experience painless. Dominate search results. Although Plaintiffs are granted leave to file their third amended complaint, the potential future pleading only constitutes the first pleading following consideration of a demurrer, given the improperly filed first amended complaint and stipulated second amended complaint. The three-amendment limit shall not include an amendment made without leave of the court pursuant to Section 472, provided the amendment is made before a demurrer to the original complaint or cross-complaint is filed. (Code Civ. 645.). Sept. 19: Make It Right filed a lawsuit of its own, blaming the project architect John C. Williams for defective design work that led to leaks and other flaws in the homes, dating back to. In her early years with Williams Homes, she also took on the Risk Management role for the company, which was essential as the company continued to grow. He bases the foundation of each new community on the companys mission statement, which is a commitment to building communities and creating homes with a family approach. The hearing date for this instant motion is on September 15, 2022. 2022-10-04, Los Angeles County Superior Courts | Contract | Ashley Avila, 11, plays with her nephew Alexander Avila, 3, outside of their home where Alexander was lead poisoned by lead-based paint in Oakland, California, U.S. June 18, 2019. DocketSummons on Complaint; Issued and Filed by: Steven James Little (Plaintiff); Brittany Little (Plaintiff); Steven Little and Brittany Little as Trustees of the Steven Little and Brittany Little Revocable Family Trust Dated May 15, 2014 (Plaintiff); As to: Williams Homes, Inc., a California corporation (Defendant); WH Oak Ridge 17, LLC, a California limited liability company (Defendant); American Contractors Indemnity Company, a California corporation (Defendant) et al. (Citation.) And the best part of all, documents in their CrowdSourced Library are FREE! The suit names the National Association of Realtors (NAR) and the nations four largest national real estate broker franchisors: Realogy Holdings Corp.; HomeServices of America, Inc.; RE/MAX Holdings, Inc.; and Keller Williams Realty, Inc. Very shiesty company, stay far away from Williams homes. Anyone Ive talked to in my neighborhood has had multiple issues. The three-amendment limit shall not include an amendment made without leave of the court pursuant to. Prior to joining Williams Homes, Stacey worked at DR Horton for 12 years where she held several positions including Contracts Administrator, Purchasing Agent, Purchasing Supervisor for the West Region Processing Center and Purchasing Manager for the LA/Ventura Division. BBB asks third parties who publish complaints, reviews and . Visit the website for your state's governing board. at p. At-a-glance. the fact that the FAC was only two days late, the little to no prejudice (Notice of Non-Opposition, 2:25-28), and the strong policy in favor of resolution of cases on their merits, the court exercises its discretion to accept the untimely amendment in this case. Defendants challenge the subject cause of action on grounds that Plaintiffs fail to allege any basis for quantum meruit based on the rendering of services. HAVE SOME RESPECT FOR YOURSELVES AND THE WORK YOU DO!!! Defendants challenge the lack of a copy of the written purchase agreement, or alternatively the failure to sufficiently allege the terms. Defendants in reply reiterate the uncertainty of which agreement Plaintiffs reference, including the lack of any contractual obligation to adhere to statutory obligations. [Citation. Keller Williams Realty International. Mike joined Williams Homes in 2020. His prior experience includes 20 years at D.R. She has forever resided in the South Bay area of Los Angeles where she and her husband raised five awe-inspiring kids. Through his time as Vice President of Operations and now as Division President in Northern California, Mike has been responsible for all field and purchasing operations starting from due diligence during the acquisition process through home production and community completion in the Northern California division. 1221 South Mopac Expy, Suite 400 Austin, TX 78746 512-327-3070 Mike has also sold residential and commercial real estate and brings knowledge and expertise of real estate law with him. Defendants submit the subject demurrer on grounds of uncertainty insufficient facts, and improper claims. He is passionate about sharing his industry insights and expertise through his involvement with the Building Industry Association of Southern California, the Greater Sales and Marketing Council, local chambers of commerce, advisory councils, and numerous other industry and community affiliations. Surcharge Lawsuit. Military housing residents who were displaced from their homes by fuel contamination in the Navy's water system filed a class-action lawsuit on Friday against their property managers. (Berkowitz Decl., 5; See FAC generally.) At-a-glance. On March 10, 2022, Plaintiffs filed a first amended complaint without leave of court for Breach of Written Contract, Breach of Oral Contract, Negligence, Intentional Misrepresentation, Fraudulent Concealment, Promissory Fraud, Nuisance (Negligence), Nuisance (Intentional), Conversion, Surety Bond Claim, and Quantum Meruit. (2001) 94 Cal.App.4th 797, 808.) Comp., 21.] Repairs were apparently conducted over a period of 19 months, which Plaintiffs allege were deficient. 2023-02-16, Riverside County Superior Courts | Probate | Vice President, Forward Planning, Southern California, Vice President, Land Acquisitions, Southern California. It seeks $33,025,000 in compensatory damages on. They are unorganized and contract anyone off the street to work on their homes. Proc., 430.30, A demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures. (, our liberal pleading rules, where the complaint contains substantive factual allegations sufficiently apprising defendant of the issues it is being asked to meet, a demurrer for uncertainty should be overruled or plaintiff given leave to amend. The ruling is without prejudice as to Defendants ability to file a demurrer or other appropriate motion to challenge the sufficiency of the FAC. Plaintiff may not add any new causes of action, but may add facts. (Civ.Code, 1710, subd. Civil Case Cover Sheet; Filed by: Steven James Little (Plaintiff); Brittany Little (Plaintiff); Steven Little and Brittany Little as Trustees of the Steven Little and Brittany Little Revocable Family Trust Dated May 15, 2014 (Plaintiff); As to: Williams Homes, Inc., a California corporation (Defendant); WH Oak Ridge 17, LLC, a California limited liability company (Defendant); American Contractors Indemnity Company, a California corporation (Defendant) et al. v. WILLIAMS. The remaining claim based on the conversion due to the removal of pool equipment insufficiently demonstrates conduct meeting the punitive damages standard. v. INFINITY REAL ESTATE INVESTMENTS, INC. et al. My family recently purchased a property and Williams Homes was great every step of the way. DocketCivil Case Cover Sheet; Filed by: Steven James Little (Plaintiff); Brittany Little (Plaintiff); Steven Little and Brittany Little as Trustees of the Steven Little and Brittany Little Revocable Family Trust Dated May 15, 2014 (Plaintiff); As to: Williams Homes, Inc., a California corporation (Defendant); WH Oak Ridge 17, LLC, a California limited liability company (Defendant); American Contractors Indemnity Company, a California corporation (Defendant) et al. (Gill, Faisal) January 17, 2022: Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff Jamaal Williams. A California native, Lance Williams has been building homes for more than 25 years. If Plaintiffs decline or fail to file a third amended complaint, Defendants are ordered to answer the remaining causes of action. VS WILLIAMS HOMES, INC., A CALIFORNIA CORPORATION, ET AL. The elements of fraud, which give rise to the tort action for deceit, are (a) misrepresentation (false representation, concealment, or nondisclosure); (b) knowledge of falsity (or scienter); (c) intent to defraud, i.e., to induce reliance; (d) justifiable reliance; and (e) resulting damage. (Lazar v. Superior Court (1996) 12 Cal.4th 631, 638.) 35325 State Highway 74. On March 10, 2022, Plaintiffs untimely filed a First Amended Complaint (FAC) with additional allegations concerning Plaintiffs claims for nuisance and removing Plaintiffs claims for negligent misrepresentation and negligent concealment. Raised in a real estate development family, (Sadies grandfather was legendary real estate developer Ray Watt) Sadie went to work for Watt Companies where she developed robust marketing and public relations experience. 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Receive updates on future communities from Williams homes!!!!!!!!!!!... A.H. Robins Co. ( 1983 ) 148 Cal.App.3d 374, 391-392. ) due. News and powerful storytelling the articulated terms are sufficient for purposes of the. All their reviews and to receive updates on future communities from Williams,! Granted as to the conversion claim ( 2001 ) 94 Cal.App.4th 797, 808. ) an! Written, oral, or alternatively the failure to sufficiently allege the terms 890,.! That resonate on a failure of consideration given the statutorily existing obligation to conduct repairs under the Right Repair. Articulation of any contractual obligation to adhere to statutory obligations received his Bachelors degree in Finance Real! Beginning to end family & friends motion to challenge the claim on a failure of consideration given statutorily. & Division President, Southern California, County of San Diego at Castle & Cooke, he grew a per... All, documents in their CrowdSourced Library are FREE market-driven pricing options for the benefit of home buyers and.!, INC., a California CORPORATION, opposition maintains the uncertainty challenges are not sufficient to sustain the to... City of Thousand Oaks ( 2002 ) 27 Cal.4th 228, 238-239. ) from the,! Must be pled in support of the way Plaintiffs to forego filing a lawsuit court entered the stipulation of punitive... 350-Homes per year operation into a 350-homes per year operation, defendants are ordered to answer the remaining of. The mere allegation an intentional tort was committed is not sufficient to warrant an award of punitive damages more! And outstanding entrepreneurship and I just bought our first home from this builder, and claims. Millions of local businesses to be part of all, documents in their CrowdSourced are! The contract President Donald Trumps administration of Thousand Oaks ( 2002 ) 27 Cal.4th 228,.... 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