U.S. District Judge Stephen Bough on Friday ruled that the lawsuit, which was originally filed in 2019 on behalf of Missouri home sellers who had listed their homes on the Multiple Listing Services system (MLS), met the criteria for a class action, including numerosity and common questions of law or fact. 2022-01-12, Los Angeles County Superior Courts | Personal Injury | Active concealment or suppression of facts by a nonfiduciary is the equivalent of a false representation, i.e., actual fraud. [Citation.] Plaintiffs in opposition maintains the uncertainty challenges are not sufficient to sustain the demurrer. The developer's salespeople will say anything to make a sale! To state a cause of action for breach of contract, must plead the contract, his performance of the contract or excuse for nonperformance, [defendants] breach and the resulting damage. The Judges overseeing this case are DAVID S. CUNNINGHAM III and STEPHEN P. PFAHLER. In her spare time, she enjoys cooking, reading a good book, and gardening. (Berkowitz Decl., 5; See FAC generally.) In such a case, the plaintiff must allege the names of the persons who made the allegedly fraudulent representations, their authority to speak, to whom they spoke, what they said or wrote, and when it was said or written. (Id. The repairs are estimated to cost $140,000-$160,000 per home, according to KIRO 7. In 2009, Mr. Klein relocated to the east coast where he spent over ten years in both consulting and private equity, including the completion of several real estate and real estate service company transactions. The court has discretion to accept an untimely amendment without a prior noticed motion by the plaintiff. Finally, one place to get all the court documents we need. 2022-05-06, Los Angeles County Superior Courts | Contract | additional terms and breach of covenant of good faith and fair dealing allegations as well. The lawsuit is filed in federal court, seeking $4 million in damages for negligence and targeting a vulnerable population. Petronila Williams Obituary. In summary, the demurrer is overruled as to the breach of written contract claim, and sustained with 30 days leave to amend as to the remainder. Mr. Klein received his bachelors degree in Finance, Real Estate and Law from California State Polytechnic University, Pomona in 1993 and his masters degree in Business Administration from the University of Texas at Austin in 1999. Yes! A California native, Lance Williams has been building homes for more than 25 years. 2023-01-12, Los Angeles County Superior Courts | Probate | Comp., 43-47.] Jason began overseeing home construction for a builder based in Billings, MT in 2008, and in 2021 helped Williams Homes acquire that builder's inventory and lot pipeline, thereby becoming the largest home builder in the state of Montana with ongoing operations in Bozeman, Belgrade, Helena, and Billings. (Williams) case was filed as a class action in 2000 in San Francisco County Superior Court. The complaint alleges damages in excess of one million dollars. The demurrer is therefore sustained with leave to amend in order to allow Plaintiffs an opportunity to allege a claim separate and apart from the statutory limitations created by the Right to Repair scheme. Comp., 21.] Prior to joining Williams, Mike worked with the Resmark Companies (a full-service real estate investment advisor and equity provider) managing and developing their privately held residential assets, prior to that Mike worked for Pacific Union Homes and Shea Homes. During his tenure at Castle & Cooke, he grew a 50-homes per year operation into a 350-homes per year operation. Mr. Williams received his Bachelors degree in Finance, Real Estate and Law from California State Polytechnic University, Pomona. [] Cynthia, Alan and Amy, the Williams on-site sales team, supported us and made us feel that they really cared about us. The pro-competitive, pro-consumer local broker marketplaces serve the best interests of buyers and sellers, NAR said. She began her career in Human Resources in 1999 working for St. Jude Medical, a medical device manufacturer, where she supported full cycle HR operations as a HR Representative for 6 years and moved into HR Management supporting the Western US Sales Division for an additional 5 years. rip off artist A marketing purist, Lisa brings more than two decades of experience to her position as Director of Marketing. Easy, done. Grow your business. RESPONDING PARTY: Plaintiffs, Steven Little, et al. Mr. Williams is a California licensed real estate broker and licensed general contractor. Mr. Henneberry then spent 25 years working for Castle & Cooke CA, Inc. in Bakersfield, CA, as their VP of Housing Operations. The demurrer to the fraud causes of action render the motion to strike moot as to those claims. Our home is amazing and we are very happy to be part of the Williams Homes community. Plaintiffs counter with a general statement of sufficiency and statement to the operative complaint allegations regarding an oral agreement, and the right to plead the cause of action as an alternative to other claims. Williams Homes LLC. Plaintiffs specifically alleges the existence of the written purchase agreement with all defendants. It was Sadies passion for creativity that drove her back into homebuilding. Most states maintain a website and include forms on the web to lodge a complaint. homes may look nice, but do your research and look elsewhere. (Civ.Code, 1710, subd. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 [we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context]; Construction Protective Services, Inc. v. TIG Specialty Ins. STEVEN JAMES LITTLE, ET AL. All upgrades were installed with care and the service we received from Jim and Sheri was phenomenal. The court finds no basis of support for quantum meruit against the contractor defendants. He has a degree in psychology from San Francisco State University. Williams Homes LLC. Cancellation and Refund Policy, Privacy Policy, and ] (Grieves v. Superior Court (1984) 157 Cal.App.3d 159, 166, fn. 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. Real estate is central to the American economy and consumers pay billions of dollars in real estate commissions every year," Acting Assistant Attorney General Richard Powers said in a statement about the departments withdrawal from the settlement. AMITYVILLE, New York (WABC) -- An $88 million lawsuit has been filed against a Long Island funeral home after the burial mix-up of a COVID victim. The court also declines to consider any extrinsic references to the individual defendants as parties to the contract for purposes of the demurrer. B&M Contractors, Inc. answered the second amended complaint on March 18, 2022. Plaintiffs counter that the complaint sufficiently articulates the claim for punitive damages. After the plaintiff purchased the residential units, he allegedly discovered that the homes he bought contained a radically different bathroom layout and shower entrance. HAVE SOME RESPECT FOR YOURSELVES AND THE WORK YOU DO!!! A20A1059. (Code Civ. To top it off - Zero customer service. ) A fraud claim based upon the suppression or concealment of a material fact must involve a defendant who had a legal duty to disclose the fact. 2020-05-12, Ventura County Superior Courts | Property | NAR, which is headquartered in Chicago, represents more than 1.3 million real estate agents belonging to some 1,200 local associations and boards in all 50 states, the District of Columbia and U.S. territories. 2023-02-09, Los Angeles County Superior Courts | Personal Injury | Stephen P. Pfahler in Department F49 Chatsworth Courthouse. Our warranty team is ready to answer any questions you may have regarding the care and maintenance of your new home. She has forever resided in the South Bay area of Los Angeles where she and her husband raised five awe-inspiring kids. Quantum meruit requires a party to establish both that he or she was acting pursuant to either an express or implied request for services from the defendant and that the services rendered were intended to and did benefit the defendant. (Ochs v. PacifiCare of California (2004) 115 Cal.App.4th 782, 794.) For Sale: 5054-, 5042 Williams Pl, Los Angeles, CA 90032 $600,000 MLS# AR21160859 Zoning: R1 - single-family residential Perfect home site close to Downtown LA, LA State Historic Park, Dodge. I've never felt so welcomed into a new home and community of all of my home purchases through the years. Comp., (a) Except as provided in this title, no other cause of action for a claim covered by this title or for damages recoverable under, is allowed. The demurrer is therefore overruled. I want to receive updates on future communities from Williams Homes in my inbox. Surcharge Lawsuit. (. VS WILLIAMS HOMES, INC., A CALIFORNIA CORPORATION, ET AL. He takes pride especially in his leadership skills, as he aims to always direct his team to favor the unique strengths of each member. Transportation Co. (1985) 166 Cal.App.3d 452, 45859.) She is process focused, results oriented, and driven to provide the best warranty service to our customers. When I say "the entire team" I mean the sales staff, their preferred loan broker, the closing team, and even the customer service after closing. For over 16 years, Nathan has navigated the complex process of entitling land in California for project approvals. 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. The entire team was very courteous and friendly. Plaintiff may only add facts in support of the punitive damages claims. Defendants in reply reiterates the lack of supporting facts and bases of liability. This added surcharge was reported to bring her total bill to $119.59. With over 21 years of development industry experience, Mr. Miyashiro joined Williams Homes in May 2019. (a); see also Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) 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. Plaintiff may only add facts in support of the punitive damages claims. (, . Hortons West Region Controller and Division Controller for its Los Angeles/Ventura Division. 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. Defendants Williams Homes, Inc., Lance Williams, and WH Oak Ridge 17, LLC submit the subject demurrer to the first, second, third, fourth, fifth, sixth, seventh, and tenth causes of action for Breach of Written Contract, Strict Liability, Breach of Oral Contract, Negligence, Intentional Misrepresentation, Fraudulent Concealment, Promissory Fraud, and Quantum Meruit. 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. In applying these standards, the court liberally construes the complaint to determine whether a cause of action has been stated. punitive damages claim on grounds that the complaint insufficiently supports the claim, and instead relies on unsupported conclusions. (Ellen Schmidt/Las Vegas Review-Journal) @ellenschmidttt Chasity Johnson, 16, sister of Isaiah Williams, who was shot and killed by Metropolitan. Business Profile Williams Homes, Inc. Home Builders Contact Information 21080 Centre Pointe Pkwy Santa Clarita, CA 91350-2984 Visit Website (661) 222-9207 Customer Reviews 1/5 Average of 2. Randy was an Assistant Corporate Controller at Western Pacific Housing and provided financial analyses supporting the merger with Schuler Homes and subsequently D.R. AMERICAN BEAUTY CLASSICS I OWNERS ASSOCIATION, A CALIFORNIA NON-PROFIT MUTUAL BENEFIT CORPORATION VS WILLIAMS HOMES, INC., A CALIFORNIA CORPORATION, ET AL. Working with them was such an easy & pleasant experience especially since it was our first time purchasing a home. 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. The claims arise from alleged promises to conduct and complete repairs within a certain time frame, and the failure to both timely complete the repairs and completion of the repairs in a substandard manner. The language of the operative complaint seeks to enforce the rights under the purchase agreement regarding adherence to the Right to Repair Law statute. (McMillin Albany LLC v. Superior Court, supra, 4 Cal.5th at pp. VS WILLIAMS HOMES, INC., A CALIFORNIA CORPORATION, ET AL. Defendant in reply reiterates the challenge to the punitive damages claim, due insufficient allegations and conclusive recitations of authority, rather than factual support. Now, they owe $40 million. Anyone Ive talked to in my neighborhood has had multiple issues. 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. MOVING PARTY: Defendants, Williams Homes, et al. Keller Williams Realty came a-cold calling. Defendants contend the subject cause of action arising in strict liability and/or negligence is precluded and limited to recovery under Civil Code section 896 and 897. 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. 2023-02-16, Riverside County Superior Courts | Probate | Promissory fraud is a subspecies of the action for fraud and deceit. Thank you. Chief Marketing Officer & Division President, Southern California. On November 17, 2021, Plaintiffs filed their complaint for Breach of Written Contract, Breach of Oral Contract, Negligence, Negligent Misrepresentation, Intentional Misrepresentation, Negligent Concealment, Fraudulent Concealment, Promissory Fraud, Nuisance (Negligence), Nuisance (Intentional), Conversion, Surety Bond Claim, and Quantum Meruit. STEVEN LITTLE AND BRITTANY LITTLE AS TRUSTEES OF THE STEVEN LITTLE AND BRITTANY LITTLE REVOCABLE FAMILY TRUST, AMERICAN CONTRACTORS INDEMNITY COMPANY A CALIFORNIA CORPORATION, B & M CONTRACTORS INC. A CALIFORNIA CORPORATION, WH OAK RIDGE 17 LLC A CALIFORNIA LIMITED LIABILITY COMPANY, WILLIAMS HOMES INC. A CALIFORNIA CORPORATION, 3/18/2022: Notice - COMPLEX CIVIL CASE QUESTIONNAIRE, 1/20/2023: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE), 11/22/2022: Notice Re: Continuance of Hearing and Order, 11/18/2022: Answer - ANSWER TO THE THIRD AMENDED COMPLAINT, 11/18/2022: Declaration - DECLARATION OF ANDREW J. MALLON REGARDING MEET AND CONFER IN SUPPORT OF DEMURRER AND MOTION TO STRIKE, 9/15/2022: Minute Order - MINUTE ORDER (HEARING ON DEMURRER - WITH MOTION TO STRIKE (CCP 430.10); CAS), 9/15/2022: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON DEMURRER - WITH MOTION TO STRIKE (CCP 430.10); CAS) OF 09/15/2022, 9/15/2022: Minute Order - MINUTE ORDER (HEARING ON DEMURRER - WITH MOTION TO STRIKE (CCP 430.10); CAS), 9/8/2022: 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, 9/8/2022: 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, 8/31/2022: Opposition - PLAINTIFFS MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO MOTION TO STRIKE PORTIONS OF THE SECOND AMENDED COMPLAINT, 8/31/2022: Opposition - PLAINTIFFS MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO DEMURRER TO SECOND AMENDED COMPLAINT, Hearing03/16/2023 at 08:30 AM in Department F49 at 9425 Penfield Ave., Chatsworth, CA 91311; Case Management Conference, DocketCase Management Statement; Filed by: Williams Homes, Inc., a California corporation (Defendant); WH Oak Ridge 17, LLC, a California limited liability company (Defendant); Lance Karl Williams (Defendant), DocketCase Management Statement; Filed by: B & M Contractors Inc., a California corporation (Cross-Complainant), DocketPursuant to the request of moving party, Hearing on Motion for Leave to Amend Motion for Leave to File Fourth Amended Complaint scheduled for 04/03/2023 at 08:30 AM in Chatsworth Courthouse at Department F49 Not Held - Taken Off Calendar by Party on 01/23/2023, DocketMinute Order (Case Management Conference), DocketOn the Court's own motion, Case Management Conference scheduled for 01/20/2023 at 08:30 AM in Chatsworth Courthouse at Department F49 Held - Continued was rescheduled to 03/16/2023 08:30 AM, DocketCase Management Statement; Filed by: 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); Lance Karl Williams (Defendant), DocketCase Management Statement; Filed by: Steven Little and Brittany Little as Trustees of the Steven Little and Brittany Little Revocable Family Trust Dated May 15, 2014 (Plaintiff), DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk, DocketProof of Service by Substituted Service; Filed by: Steven Little and Brittany Little as Trustees of the Steven Little and Brittany Little Revocable Family Trust Dated May 15, 2014 (Plaintiff); As to: Lance Karl Williams (Defendant); Service Cost: 265.00; Service Cost Waived: No, DocketProof of Service by Substituted Service; Filed by: Steven Little and Brittany Little as Trustees of the Steven Little and Brittany Little Revocable Family Trust Dated May 15, 2014 (Plaintiff); As to: B & M Contractors Inc., a California corporation (Defendant); Service Cost: 265.00; Service Cost Waived: No, DocketNotice of Case Management Conference; Filed by: Clerk, DocketCase Management Conference scheduled for 05/18/2022 at 08:30 AM in Chatsworth Courthouse at Department F49, DocketCase Management Conference scheduled for 08/22/2022 at 08:30 AM in Chatsworth Courthouse at Department F49, DocketCase assigned to Hon. The operative complaint specifically seeks to allege a claim based on pre-existing statutory duties. In summary, the demurrer is overruled as to the breach of written contract claim, and sustained with 30 days leave to amend as to the remainder. 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. Filing 3 CIVIL COVER SHEET filed by Plaintiff Jamaal Williams. (The gardens of Santa Maria). Williams homes are killing the environment wildlife Taking quiet community's away beautiful landscapes and butchering them with insane amount of homes.. Infrastructure roadways highways and Freeways. [] It felt like we were working with family & friends. Sadie Williams is the Product Development Director, but more than that she exudes grace, grit and the heart of Williams Homes. 2013-02-08, Los Angeles County Superior Courts | Contract | Plaintiffs also cite to abandonment doctrine for support of the quantum meruit premise. He has worked in real estate and home building his entire professional career, beginning as a project manager for a land development company in 1997. In this lawsuit that was filed after the EEOC issued right-to-sue letters based on the first round of administrative charges, Plaintiffs assert four claims. Prior to founding Williams Homes, Inc., Mr. Williams was employed by Watt Housing Corporation and Beazer Homes, Inc. where he served in a number of management roles. 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. Defendants submit the subject demurrer on grounds of uncertainty insufficient facts, and improper claims. Defendant in reply reiterates the challenge to the punitive damages claim, due insufficient allegations and conclusive recitations of authority, rather than factual support. Mr. Henneberry joined Williams Homes, Inc. in December of 2017 and is responsible for homebuilding developments along the central coast of California. Former Keller Williams CEO John Davis sues Gary Keller for $300M. Amend. Plaintiffs retained the value of any and all repairs performed. (. Proc., 430.30, subd. The defendants have not yet filed a response. This company clearly takes NO pride in their products! (2010) 185 Cal.App.4th 1018, 1023.) 2022-10-04, Los Angeles County Superior Courts | Contract | B&M Contractors vs. McGillivray Construction. We moved in last week and are absolutely ecstatic about our decision. NAR argues that the MLS system is efficient and beneficial to consumers. DocketComplaint; 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. [Id., 30.]. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. Business Profile Williams Home Builders, LLC Building Contractors Contact Information 17952 Villa Lake Avenue Greenwell Springs, LA 70739 Get Directions (225) 955-1633 This business has 0. Yes! He then served as D.R. . Amend. His professional experience of over 30 years covers a broad range of roles in the homebuilding industry. for violation of the standards set forth in this title. If you had a total loss claim FOR A LEASED VEHICLE, you may be a Class member in a class action against Esurance Property and Casualty . 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. 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. Mr. Williams has also been recognized by his alma mater as distinguished alumni for outstanding early career success and outstanding entrepreneurship. 2022-09-16. All rights reserved. Though its not clear what damages Plaintiffs specifically seek, the court declines to infer any bar based on economic loss or property damage for purposes of ruling on the demurrer. 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. Omitted [emphasis added].). Robertson's Ready Mix LTD vs. HAVENBROOK HOMES, LLC et al. Jim is still reachable to answer questions we have and get back to us the same day even after we've settled in. (2005) 132 Cal.App.4th 868, 874.) STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS RAYMUNDO C. CEDILLO, ET AL. If the dispute is not subject to the Right to Repair Law, then the parties dispute shall be resolved by arbitration. [Sec. 38, 40.] 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 Initially, their ability to find perfect niches of land and build lovely homes and now branching out into other states which need more housing - they're always one step ahead in the market. They are the complete package. 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. (Citation. The operative complaint specifically seeks to allege a claim based on pre-existing statutory duties. [Sec. A federal lawsuit in Kansas City challenging rules requiring home sellers to pay commissions to brokers representing home buyers has been certified as a class action, meaning thousands of home sellers in the Midwest may be eligible to recover damages if the plaintiffs prevail. rent to own tiny homes kentucky; marcus johnson jazz wife; moxico resources news. Quantum meruit requires a party to establish both that he or she was acting pursuant to either an express or implied request for services from the defendant and that the services rendered were intended to and did benefit the defendant. (, is the reasonable value of the services rendered provided they were of direct benefit to the defendant. (, The court finds no basis of support for quantum meruit against the contractor defendants. The Lawsuit The Eliezer Williams, et al., vs. State of California, et al. Mike has also sold residential and commercial real estate and brings knowledge and expertise of real estate law with him. Morris says the case is a. The plaintiffs estimate the classes include hundreds of thousands of class members geographically dispersed throughout the state of Missouri and portions of Kansas and Illinois.. If a claim for damages is made under this title, the homeowner is only entitled to damages for the reasonable value of repairing any violation of the standards set forth in this title, the reasonable cost of repairing any damages caused by the repair efforts, the reasonable cost of repairing and rectifying any damages resulting from the failure of the home to meet the standards, the reasonable cost of removing and replacing any improper repair by the builder, reasonable relocation and storage expenses, lost business income if the home was used as a principal place of a business licensed to be operated from the home, reasonable investigative costs for each established violation, and all other costs or fees recoverable by contract or statute. 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