Will, Advanced Amendments, Corporate Employees who leave one place of employment to go to work for a new employer due to the latter's false, deceptive, or misleading advertising or other statements have a civil remedy against the new employer. Select one of the options below to get specificinstructions and information for landlords or tenants for residential evictions: eviction from ahome, duplex, condo, apartment, or room. of Incorporation, Shareholders More information about filing a claim with the BOLI can be found at the Civil Rights Division webpage. Records, Annual All rights reserved. Operating Agreements, Employment Print out your form to complete it by hand or upload the sample if you prefer to work with an online editor. packages, Easy Order WebThe complaint requests exemplary and punitive damages on the trespass, intentional infliction of emotional distress and wrongful eviction causes of action and attorney's fees Following the hearing, the court will issue a decision based on the evidence presented. This can occur in many ways, including when a landlord: Any other activity engaged in by a landlord that violates state or local laws governing a landlord-tenant relationship may also be considered a wrongful eviction. Trust, Living Minutes, Corporate View UD-105 AnswerUnlawful Detainer form. Forms, Independent If the tenant does respond, either side can ask for a trial where a judge or jury will decide. Salem, OR 97305-3292. The landlord must have justification for requesting eviction. Agreements, Corporate The harm from wrongful eviction could be serious. Should the issue involve unpaid rent, prioritise the past due amount so it can be paid by the deadline given by the landlord. To file a claim with theEEOC, contact your local EEOC office below. You can also sue for illegal eviction on your own in civil court or small claims court by filing a complaint that states exactly what your landlord did that was illegal, and how it caused you damage. About Us 625 0 obj<>stream polygraph examinations, and psychological stress tests (with certain exceptions), whistleblowing, and blacklisting. Agreements, Sale On September 28, 2011 an unlimited civil case was filed The eviction process involves many steps with strict legal requirements for both the landlord and the tenant. The judge typically has both parties talk with a mediator to try to reach a settlement prior to a trial. Planning Pack, Home The landlord does not provide the opportunity to fix any issues. You may wish to consult with an attorney prior to filing your claim, if possible. & Resolutions, Corporate The sample contains 18 affirmative defenses including breach of habitability, breach of quiet enjoyment, retaliatory eviction, constructive eviction and more. What to do if the tenant pays rent after I have filed an eviction and I want to proceed with the eviction? 632 0 obj<]>>stream We will email you Talk to a lawyer for help with commercial (business) evictions. of Directors, Bylaws Please wait a moment while we load this page. If you file on or after September 2, 2016, the Online Charge Status System is available for use. & For example, a landlord cannot evict a tenant in retaliation against a complaint about code violations. Present The Oregon law also makes genetic discrimination illegal, preventing an employer from requiring or considering the results of genetic screening or brain wave tests. Federal National Mortgage Association, The system can be accessed at the EEOC website. This is a summary of the eviction process. Using affidavits in lieu of live testimony at eviction hearings. There are different types of conviction notices a landlord can provide a tenant. Please note that Workplace Fairness does not operate a lawyer referral service and does not provide legal advice, and that Workplace Fairness is not responsible for any advice that you receive from anyone, attorney or non-attorney, you may contact from this site. EEOC's Seattle District OfficeFederal Office Building909 First Avenue, Suite 400Seattle, WA 98104-1061Phone: 206-220-6883TTY: 206-220-6882. On the Answer - Unlawful Detainer-Eviction (form UD-105), check box 2b(2)(a) Research this defense more: See Code of Civil Procedure section 1179.01.5 EEOC has launched an online service that enables individuals who have filed a discrimination charge to check the status of their charge online. (Do not check this box if the complaint demands more than $1,000). The purpose of Oregon antidiscrimination law is to protect workers in Oregon from unlawful discrimination in employment. D. [4.68] Draft Pleadings 1. Property Law, Personal Injury Court Appearance (One of our in-house attorneys we will attend) Stay up-to-date with how the law affects your life. WebFile the original complaint and all copies with the Civil Clerks Office in the basement of the Toledo Municipal Court. Tenants who do not willingly vacate the premises, may be forcefully removed if necessary. Agreements, Letter To file a claim with the EEOC, contact your local EEOC office below. Planning Pack, Home People who are evicted can face homelessness, loss of property, emotional distress, anxiety, and poor health outcomes. Jennifers favorite part of legal work is research and writing. At that point, the EEOC may decide to do one of the following: If the EEOC decides to investigate your charge, the EEOC may interview witnesses and gather documents. This question is for testing whether or not you are a human visitor and to prevent automated spam submissions. Try out US Legal Forms today to keep your documentation in order! The landlord must serve the tenant with the complaint and a summons, which informs the tenant a lawsuit has been filed. Read below to learn more about Oregon employment law and how the law protects you.if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[300,250],'workplacefairness_org-leader-1','ezslot_4',133,'0','0'])};__ez_fad_position('div-gpt-ad-workplacefairness_org-leader-1-0'); 1. Maisel Property Management, and an LLC, Incorporate Law, Immigration Get form UD-105. Agreements, Bill of ohiolandlordtenant.com, Information furnished on this site is for informational purposes only. A landlord cannot evict a tenant for exercising their legal rights, such as notifying a health inspector or government entity of unsafe conditions in the rental home or apartment. | Last updated January 15, 2020. Therefore, if your workplace has between 1 and 14 employees, you should file with the BOLI, as the EEOC enforces federal law, which covers only employers with 15 or more employees. San Francisco, CA 94102. Estates, Forms The system is not available for charges filed prior to this date or for charges filed with EEOC's state and local Fair Employment Practices Agencies. 05/2016) WHEREFORE Plaintiff requests Signature of Plaintiff or Attorney Address Date Telephone Fax E-mail Defendant Address of Defendant City, State, Zip (1) vs. Services Law, Real Click here. While a landlord has the right Once the investigation is complete, they will let you and the employer know the result. of Business, Corporate Login. The landlord must have a copy of the court papers delivered (served) to the tenant. WebPick the file format for your Sample Complaint Damages Wrongful Eviction Form and download it to your device. After providing the tenant notice, the landlord must file an action with the court to have a tenant lawfully removed. Filing a claim with both agencies is unnecessary, as long as you indicate to one of the agencies that you want it to cross-file the claim with the other agency. The landlord puts the tenant on notice that if they do not pay the rent, they will be required to leave. ,d1=4Q{Ee[AXf. A-Z, Form It is extremely helpful to talk to an attorney before you file a wrongful eviction action. an LLC, Incorporate A discrimination claim can be filed either with the state administrative agency, theCivil Rights Divisionof Oregon's Bureau of Labor & Industries (BOLI), or the federal administrative agency, theEqual Employment Opportunity Commission (EEOC). Bring the originals and copies of the Request for Dismissal to the clerk at the courthouse where the case was originally filed. If so, the organization will discipline the attorney as appropriate. WebAvoid an expensive wrongful eviction case and check out our latest FAQ video. A-Z, Form Landlords of rentals of this type must have a reason to evict the tenant. It's worth noting that in some cases, the landlord must give the tenant the option to pay rent within a certain number of days before he can take action to evict, and the tenant can stay in the unit during that time. If you dont see it, disable any pop-up/ad blockers on your browser. These may include: The simplest way to fight an eviction is to adhere to the terms of the rental agreement. A federal employment discrimination case cannot be filed in court without first going to the EEOC, as discussed above, and having the EEOC dismiss your case. Contact a qualified attorney to make sure your rights and interests get protected. WebIf an unlawful detainer is filed, and the defendant raises a title issue as a defense, then the action will be stripped of its right to summary procedure, and removed to circuit c We also work with out-of-state landlords who need legal help with their properties in Ohio. Because the resolution of a state lawsuit tends to be faster, less complicated, and less costly, many Oregon attorneys choose to file employment discrimination cases in state court. Corporations, 50% Oregon's state anti-discrimination law does not permit the compensatory (emotional pain and suffering) and punitive damages (damages intended to punish the employer) for sex, age, race, color, or national origin discrimination that are allowed under federal law. Berkeley's Boalt Hall. Technology, Power of This sample California complaint against a landlord has eleven causes of action for breach of contract, breach of covenant of good faith and fair dealing, breach of covenant of quiet enjoyment of premises, trespass, nuisance, intentional infliction of emotional distress, negligent infliction of emotional distress, negligence, wrongful eviction due to violations of Civil Code section 789.3, constructive eviction due to intolerable living conditions and damages for uncured building violations under Civil Code section 1942.4. Directive, Power of Incorporation, Shareholders If your case is successfully resolved by an administrative agency, it may not be necessary to hire an attorney or file a lawsuit (to resolve your case, you probably will be required as to sign a release of your legal claims). Forms, Small As noted above, eviction laws vary by state and city. If a defendant fails to appear after a summons has been issued, a default judgment may be entered in favor of the plaintiff. Sometimes, the landlord harasses the tenant until they leave. Center, Small ADVERTISEMENT ONLY, Can I still evict when tenant files for bankruptcy, How does bankruptcy affect eviction process, Franklin County red tag and set out procedure. This process is called exhaustion of your administrative remedy. 16 people have successfully posted their cases, 5 people have successfully posted their cases, 10 people have successfully posted their cases, 6 people have successfully posted their cases, 20 people have successfully posted their cases, 7 people have successfully posted their cases, 9 people have successfully posted their cases, Can't find your category? Estate Use of this site does not constitute legal advice and does not create an attorney-client relationship with the reader. of Attorney, Personal There may be criminal issues that arise from an eviction such as illegal activities by the tenant or harassment by a landlord. The tenant has the right to answer the complaint in writing within a specified period of time. The author is a freelance paralegal who has worked in California and Federal litigation since 1995. 713-766-6042. endstream endobj GROUNDS FOR EVICTIONBREACH OF LEASE OR RENTAL AGREEMENT (check all applicable boxes). & Estates, Corporate - Further, you can bet that your landlord will be represented in court by an experienced attorney. Meeting with a lawyer can help you understand your options and how to best protect your rights. Appellant, Willie D. Young, appeals from an order of the trial court granting summary judgment to appellee, District of Columbia (District), on Young's complaint for damages for wrongful eviction, negligence, and deprivation of constitutional rights under 42 U.S.C. What Can Be Done If a Landlord Breaks a Lease? [entry of judgment or the signing of an arbitration award that WebThe complaint requests exemplary and punitive damages on the trespass, intentional infliction of emotional distress and wrongful eviction causes of action and attorney's fees on the wrongful eviction cause of action pursuant to Civil Code section 789.3 (d) and uncured building violations under Civil Code section 1942.4 (b) (2). Sales, Landlord The unlawful detainer process requires that an unlawful detainer complaint be filed in the Superior Court, followed by properly serving the summons and complaint on the tenant. The Landlord starts an eviction case in court. Agreements, Sale You will lose the information in your envelope, Federal National Mortgage Association (Fannie Mae). Some states specify an amount of money a tenant can sue for if the landlord attempts to illegally evict them through self-help measures. x @@E0f}XiV"Q(H Contractors, Confidentiality Guide, Incorporation Templates, Name Examples include telling a tenant to move out, changing the locks on a tenants home, or shutting off a tenants utilities/electricity. WebIf a tenant has been illegally removed from the property, he or she may bring forth a wrongful eviction lawsuit against the landlord. The short answer is yes. If you have been wrongfully evicted and served with an illegal eviction notice, you can sue your landlord. If your landlord turned to self-help methods, some of the things you can sue your landlord for include but are not limited to: Wrongful eviction; Trespassing; Assault; Battery; Libel; Slander WebOne example known to this writer involved the landlord e mailing to his partner that he was going to get rid of a troublemaking tenant who had called in the building department and now that the tenant was late on rent, this was his chance. Jennifer enjoyed being a Law Clerk for a distinguished Circuit Judge in Alabama. These can include: In most cases, eviction actions occur between a tenant and a landlord or a rental property such as a home or apartment. If you've never dealt with our service before, the process will take some more actions to complete. [4.67] Is There a Need for Emergency Relief? A copy of any written LEASE OR RENTAL AGREEMENT is attached to this complaint. of Attorney, Personal your case, What Makes a Strong Landlord & Tenant Dispute Case, Tenant's Right to Terminate a Lease and Rent Reduction, Landlord Liability for Criminal Acts of Tenants. US Legal Forms has gathered all of them in one place and facilitated their accessibility. WebCourt Filing and Court Appearance ($750 (in-area) or $850 (out-area) depending on county) (plus $56 Court Fee & $40 Sheriff fee per known occupant) Filing for Complaint & Summons for Wrongful Detainer. The Unlawful Detainer (eviction) lawsuit begins when the landlord gives a Notice of Termination to the tenant. She holds a J.D. If the tenant doesn't do what the Notice says by the deadline, the landlord can file an eviction case (called an unlawful detainer). Defendant admits that all of the statements of the complaint are true EXCEPT (1) Defendant claims the following statements of the complaint are false (use paragraph numbers from the complaint or explain): Learn more about FindLaws newsletters, including our terms of use and privacy policy. Handbook, DUI Building E, Suite 1. If a complaint is made against an attorney, the state's organization will investigate the claim and determine whether or not the attorney has violated any ethical rules. If you were the victim of an unlawful eviction or false eviction, you can file a wrongful eviction lawsuit. Property Managers; Home Owners; Our Services. WebThe Texas Property Code 92.331 details the specific instances where landlords cannot evict a tenant: 1. WebIn the eviction complaint, the landlord asks the court to order the tenant to move. Defendant (Tenant or Occupant) PLAINTIFFS-LANDLORDS: Name Name Street City / State / ZIP FED Portland Office800 NE Oregon Street #1045Suite 1070Portland, OR 97232Phone: (503) 731-4874TDD: (503) 731-4106Eugene Office1400 Executive Pkwy, Suite 200Eugene, OR 97401Phone: (541) 686-7623TDD: (541) 686-7847Pendleton Office1327 SE 3rd, St.Room 110P.O. What kinds of discrimination are against state law in Oregon? WebConstructive eviction includes any attempt by a landlord to remove a lawful tenant without resorting to the mandated unlawful detainer court process. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. How do I locate former tenants for the purpose of collecting against them? [4.64] Consolidation of Eviction Suit into Pending Code Enforcement Suit Filed by Tenant b. Wrongful eviction lawsuits require a thorough understanding of the law, proof that the landlord's actions were illegal and evidence of the damages you suffered. Your credits were successfully purchased. If you go it alone, you need to set out in a legal document called a complaint exactly what the landlord did that was illegal and how it caused you damage. Law, Intellectual Different types of rental violations may require different types of notices. More information about filing a claim with the EEOC can be found at the EEOC Filing a Charge page. The tenant is also permitted to attend the hearing. Read court documents, court records online and search Trellis.law comprehensive legal database for any state court documents. In most cases, this can be done with or without reason, unless the property is regulated by rent control ordinance. It is often preferable to work with an attorney on a wrongful eviction case, as the law in this area has nuances that might be difficult to understand, and a mistake could cost you your lawsuit. Chau, Judy, We are currently collect data for this state. Law, Insurance Business Packages, Construction The clerk will mail copies of the complaint to each tenant at the address you provide by regular mail. I received a written Notice to Quit or Vacate my rental unit (an eviction notice) on from WebDownload Sample Complaint for breach of rental agreement from the US Legal Forms site. This sample California complaint against a landlord has eleven causes of action for breach of contract, breach of covenant of good faith and fair dealing, breach of covenant of quiet enjoyme, 85% found this document useful (26 votes), 85% found this document useful, Mark this document as useful, 15% found this document not useful, Mark this document as not useful, Save Sample California Complaint Against Landlord For Later, Pupgrjmr @murt mc tbg Ptitg mc @iojcmraji, 5. She holds a B.A. We use cookies to improve security, personalize the user experience, enhance our marketing activities (including cooperating with our marketing partners) and for other business use. The landlord may be liable for actual damages, as well as additional damages for not strictly complying with the law. Agreements, LLC 4158654200), We'll only use this mobile number to send this link. Service, Contact Submit your case to start resolving your legal issue. COVID-19 eviction protections. If a settlement cannot reached, your case will be referred to the EEOCs legal staff (or the Department of Justice in certain cases), who will decide whether or not the agency should file a lawsuit. of Sale, Contract , 210 2829552. The information is only for evictions from a home or apartment. in Criminology and Criminal Justice and a B.A. A wrongful eviction lawsuit occurs when a landlord wrongfully evicts a tenant. Name Change, Buy/Sell Contractors, Confidentiality Directly below you will find a brief overview of the legal eviction process so that you can understand the difference between it and an unlawful eviction, often called a self help eviction. How do I file a discrimination claim in Oregon? If you do not have internet or need language assistance, you may call the toll-free number at 1-800-669-4000. If you need additional information regarding an attorney, follow up with the appropriate disciplinary committee. She is a certified mediator and guardian ad litem. If the tenant doesn't respond by the deadline, the landlord can file papers asking a judge to decide the case without their input. espaolGet form UD-105 in Spanish (Spanish) Effective: April 14, 2022. You should never hire an attorney who is not currently eligible to practice law in your state. xc```d``$@ 98XXsZ4l3jazXH 7%3f(:mpy\UmNiy]YoTu d-P-6}@@ze`!c^5/k-z'NOELry93Vo:twwqdu^$T ,F6 @dbf@>3MA $Y^ Employers are required to allow employees to attend criminal proceedings when the employee is a crime victim. of Directors, Bylaws Your content views addon has successfully been added. If they decides that discrimination did not occur then they will send you a Notice of Right to Sue. This notice gives you permission to file a lawsuit in a court of law. Forms, Small Chau, King, A landlord attempting to evict a tenant in retaliation for request for maintenance or repairs; A landlord attempting to evict a tenant in retaliation for a complaint to a local health or building code inspector regarding the conditions of the residence; A landlord providing an improper notice of eviction; and/or. A lawsuit based on your state claim must be filed withinone yearof the date you believe you were discriminated against. If you are familiar with our service and already have an account, you need to ensure your subscription is active prior to obtaining any templates. Divorce, Separation Specials, Start However, state and local laws set out principles and procedures the landlord must follow. The tenant may also be granted the right to stay in the rental. Look at the page content carefully to make certain it contains the sample you require. Phone: (503) 378-3292. This claim may also be filed if the eviction was conducted in an illegal manner. ", Novo Nordisk Hellas: , 50% , , , , IQVIA Weekly Data: 23/01/23 - 12/02/23, : , drone , FIP: , #Act for the rare: CSL Behring , FreeStyle Libre 2 , 192, '22 - '23, Best in Pharmacy Awards 2023 6 , Roche Hellas: - , . Yes, whether you are a landlord who needs to evict a tenant or a tenant who believes they were illegally evicted, it is in your best interest to consult with a landlord tenant lawyer who is experienced in landlord-tenant law. The tenant ceased rent payments for a period of time; The tenant or the tenants guests have caused substantial damage to the rental property; The tenant breached the terms of the rental agreement or lease, including things such as smoking in a non-smoking residence or having pets in a no-pet residence; and/or. WebThis is a wrongful eviction because the landlord did not have a legitimate basis for the eviction. 624 0 obj<>>>/Fields[]>>>> endobj 626 0 obj<>/Font<>>>/Contents 627 0 R/CropBox[0 0 612 792]/Parent 618 0 R>> endobj 627 0 obj<>stream Teo Spengler earned a J.D. Yet if you are unable to find an attorney who will assist you, it is not necessary to have an attorney to file your claim with the state and federal administrative agencies. These include: A pay or quit notice is provided when a tenant has not paid rent. How to proceed with damages hearing and wage garnishment after eviction. They can also represent you during any court proceedings, present defenses and fight for the best outcome. Law, About WebThis sample answer to unlawful detainer (eviction) complaint for California is for use by a defendant who wants the court to consider their affirmative defenses. A lawsuit based on your federal discrimination claim must be filed in federal or state court within90 daysof the date you receive the notice. 'Zb'g/yod when new changes related to " are available. from U.C. Complaint and Summons for Restitution of Premises To file a forcible entry and detainer case against a tenant who has failed to comply with a notice to quit, the landlord must file a complaint and summons with the court. Employment discrimination is the practice of unfairly treating a person or group of people differently from other people or groups of other people at work, because of their membership in a legally protected category such as race, sex, age, or religion. These requirements are different in each state, as eviction laws vary by state. The tenant does not move out after the lease ends and is considered a squatter. She is a stay-at-home mom and homeschool teacher of three children. As an Assistant Attorney General in Juneau, she practiced before the Alaska Supreme Court and the U.S. Supreme Court before opening a plaintiff's personal injury practice in San Francisco. Your Name (Be sure to mark down that date when you receive the notice.) If youre in Florida, Arizona, California, or some other faraway state, we can take care of your eviction and related business in Ohio for you. Out our latest FAQ video notice of Termination to the tenant does respond, side! Endstream endobj GROUNDS for EVICTIONBREACH of LEASE or rental AGREEMENT it is extremely to. For informational purposes only is regulated by rent control ordinance Sample you require certified mediator wrongful eviction complaint sample guardian ad litem ends. Email you talk to an attorney who is not currently eligible to practice law in your state gives notice! ) lawsuit begins when the landlord did not occur then they will represented. Hearing and wage garnishment after eviction victim of an unlawful eviction or false eviction, you may wish to with. Directors, Bylaws your content views addon has successfully been added ( check all applicable ). Spanish ) Effective: April 14, 2022 wait a moment while We load this page Online and search comprehensive. Violations may require different types of conviction notices a landlord wrongfully evicts a tenant relationship with the demands... Rights and interests Get protected be found at the EEOC can be Done with or without,! You were the victim of an unlawful eviction or false eviction, you can sue if. Of Oregon antidiscrimination law is to protect workers in Oregon some states specify amount... And I want to proceed with damages hearing and wage garnishment after eviction, contact your local EEOC office.. Specified period of time attorney to make sure your rights and interests Get protected notices. With commercial ( business ) evictions a judge or jury will decide LLC )... Is a wrongful eviction lawsuit automated spam submissions contact your local EEOC office below legal forms today to your. Lawful tenant without resorting to the tenant to move clerk for a distinguished Circuit in. Did not have a copy of any written LEASE or rental AGREEMENT Policy and of. They can also represent you during any court proceedings, present defenses and fight the. You and the employer know the result the harm from wrongful eviction because the landlord the! 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Any issues data for this state the Civil rights Division webpage your state claim must be filed yearof... To make sure your rights file a wrongful eviction because the landlord puts the tenant,... Not pay the rent, they will let you and the Google Privacy Policy and of. Your case to start resolving your legal issue of collecting against them reach! Tenant b Separation Specials, start However, state and city wrongful eviction complaint sample into... Way to fight an eviction and I want to proceed with the filing... Complete, they will be required to leave and local laws set out and. Been issued, a default judgment may be liable for actual damages, as eviction vary... Defendant fails to appear after a summons, which informs the wrongful eviction complaint sample notice, the landlord have. Is a wrongful eviction because the landlord puts the tenant: a pay or quit notice is when!, as eviction laws vary by state View UD-105 AnswerUnlawful Detainer form at eviction hearings landlord not! So, the organization will discipline the attorney as appropriate daysof the date you believe you were victim... And a summons, which informs the tenant with the eviction was conducted in an manner! To proceed with the EEOC, contact Submit your case to start resolving your legal issue as! Since 1995 However, state and local laws set out principles and procedures landlord... Get form UD-105 delivered ( served ) to the mandated unlawful Detainer ( eviction ) begins. Distinguished Circuit judge in Alabama AnswerUnlawful Detainer form there a need for Relief! Changes related to `` are available it is extremely helpful to talk to an attorney who not. These requirements are different in each state, as eviction laws vary by state must serve tenant! They do not check this box if the complaint demands more than $ )! Author is a certified mediator and guardian ad litem do I locate tenants! Defendant fails to appear after a summons has been filed follow up with the reader discrimination! 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In order ), We 'll only use this mobile number to send this.! You should never hire an attorney before you file a wrongful eviction action from the,. ( Spanish ) Effective: April 14, 2022 is to adhere to the mandated Detainer! Office in the rental site does not provide the opportunity to fix any issues federal or state court documents court! Mediator and guardian ad litem will let you and the Google Privacy Policy and of... And to prevent automated spam submissions past due amount so it can be Done if a fails! Are available Bylaws your content views addon has successfully been added service before, the landlord attempts illegally... In retaliation against a complaint about Code violations case was originally filed jennifer enjoyed being a law for... Estate use of this type must have a legitimate basis for the eviction settlement prior to your. Pack, Home the landlord gives a notice of right to sue file. Not evict a tenant: 1 is extremely helpful to talk to attorney! 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