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    To successfully sue a person or group of people for creating a public nuisance, you must prove all the facts listed above relating to private nuisance and also that: When it is public nuisance, the person suffering a special grievance not felt by the public in general can only abate the nuisance. Public nuisance suits are often initiated by groups of individuals who all file small claims suits at more or less the same time. There is perhaps no more impenetrable jungle in the entire law than that which surrounds the word "nuisance." An individual can sue for a public nuisance if they suffered a harm that is different in kind from the harm suffered by the public at large. While at least one state (Utah) specifically singles out tobacco smoke as a private nuisance under certain conditions, you might still be able to successfully sue your neighbor under private nuisance law in your state. CAL. If the neighbor has stopped the activity or behavior that was the nuisance, you may still recover damages for the past existence of the nuisance. No. I begin by introducing this 'property tort The form has spots for all those details, as well. In a landlord-tenant context, a nuisance is the obstruction of the free use of rental property so as to interfere with the comfortable enjoyment of life. A private nuisance affects an individual or a few individuals, and the lawsuit is brought by the injured individual. They may also request the court to issue an injunction—an order … A public nuisance is one that has more far reaching effects. It is well settled on the authorities that “it is no defence that the plaintiffs themselves came to the nuisance:” Russell Transport Ltd. v. Ontario Malleable Iron Co., [1952] O.J. In fact, regular yard maintenance, conducted at reasonable hours, probably adds value to neighboring properties rather than damaging them. CIV. CODE § 3493. Quickly find answers to your Neighbor nuisance disputes questions with the help of a local lawyer. The most common example of neighbor nuisance is excessive noise coming from a continuously barking dog, from a loud stereo or TV, or from habitual late night parties. CAL. Behavior that obstructs the “free use” of property and interferes with the “comfortable enjoyment of life or property” is also a nuisance. Examples of private nuisances abound. The nuisance may be a noise, a smell, pollution, light interference or something else. All rights reserved.Custom WebShop™ law firm website design by NextClient.com. The abatement of a nuisance depends on whether the nuisance is public or private. A continuous disturbance caused by things such as excessive noise or other tenant’s smoking in the building may be so great that it interferes with a tenant’s quiet enjoyment. A private nuisance is a civil wrong; it is the unreasonable, unwarranted, or unlawful use of one's property in a manner that substantially interferes with the enjoyment or use of another individual's property, without an actual Trespass or physical invasion to the land. In a public nuisance that affects a large number of people, “any public body or officer authorized thereto by law” may abate the activity. Even then, there are special challenges and obstacles a plaintiff must overcome to prevail on a claim for public nuisance. There are certain essentials to Private nuisance, they are as follows:-Unreasonable Interference; Interference with the use or enjoyment of land; Damage . DISCLAIMER: This article is intended for informational purposes only, does not constitute legal advice to any person or entity, and does not create an attorney-client relationship with any person or entity. For example, California lists secondhand smoke as a toxic contaminant. Neighbor disputes are common in populous cities. in Royal Anne Hotel Co. Ltd. v. Ashcroft, [1979] 2 W.W.R. These are private and public nuisance actions. CIV. If you believe you have a legal claim or issue, or wish to know more about your individual rights, consult an experienced attorney immediately. Typically when the nuisance is one that is a criminal offense that affects the public, the city will initiate an action to abate it. Information posted on this website is not legal advice and should not be used as a substitute for speaking with an attorney about how these laws affect you. Landlords have a duty to ensure that tenants can peaceful possess their rental unit free of disturbances, and in extreme cases may take steps to evict bothersome tenants to abate a nuisance. CIV. See Cal. Because this activity is a crime, the city would be responsible for stopping it. (2) Private Nuisance. Activity that makes use of property unreasonably difficult. There are two types of nuisances—public nuisance and private nuisance. By law, a “private nuisance” is any nuisance which the law does not define as a public nuisance. A nuisance is “anything which is injurious to health, including but not limited to the illegal sale of controlled substances, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property.” CAL. If a nuisance interferes with the right of specific person or entity, it is considered a private nuisance. App. An action for a physical invasion of property is known as a trespass action. In California, the Civil Code defines a “public nuisance” as a nuisance (as defined above) which affects “an entire community or neighborhood, or any considerable number of … A nuisance is “anything which is injurious to health, including but not limited to the illegal sale of controlled substances, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property.” CAL. California law defines a nuisance as activity that injures health, including selling illegal drugs, indecent behavior or behavior offending the senses. California law has long recognized a property owner’s right to bring a private nuisance claim to protect individual property rights. 9. The nuisance in this case, is the noise of the drone – the whirring of the engine or blades – disrupting the quiet use and enjoyment of your premises. Annoyances are not legally actionable, but under the right circumstances, homeowners can sue to stop a legal nuisance. (Enacted 1872.) By contrast, a neighbor who builds a chicken coop in his front yard and fills the coop with a dozen adult roosters might be committing a nuisance–as well as violating the law in many places. A public nuisance intrudes on the public comfort, peace, health and safety of the community. A private nuisance means there has been a loss of the use or enjoyment of property without an actual physical invasion of that property. CIV. The harm is usually indirect, as the tort of trespass protects a person against direct invasion. If a tenant becomes a nuisance, the landlord should contact the tenant in person about their behavior. Communication through the website does not create an attorney-client relationship or a duty of confidentiality. People often use the word “nuisance” to describe a thing that annoys them. If your landlord is the person that is causing the nuisance, please see “Landlord Nuisance”. For example, if your neighbor is conducting dogfights or cockfights on the property, this constitutes a public nuisance. A ‘private nuisance’ is defined to include any nuisance not covered by the definition of a public nuisance, and also includes some public nuisances. The relevant local agency (such as police, animal control, department of health, etc.) Resources Code @ 25980 et seq. CODE § 3484. A private nuisance is a civil wrong that affects a single individual or a definite number of persons in the enjoyment of some private right which is not common to the public[i]. A private nuisance is a type of “tort” in California. Nuisances that interfere with the physical condition of the land include vibration or blasting that damages a house; destruction of crops; raising of a water table; or the pollution of soil, a stream, or an u… CODE § 3502. CODE § 3481. In California, the Civil Code defines a “public nuisance” as a nuisance (as defined above) which affects “an entire community or neighborhood, or any considerable number of persons” simultaneously. Having an issue with the person next door can also be frustrating, but not all bothersome behavior by a neighbor is a nuisance. In a private nuisance that affects only an individual or a few individuals, a person may bring a lawsuit against the neighbor for money damages and for an injunction. The sheer number of people affected doesn’t transform a private nuisance into a public one—rather, the public must be affected in a manner specifically prohibited by your city’s or state’s laws. After a six day trial, which included a visit to the property, judgment was entered against them on all three CAL. Generally, the measure of damages for a private nuisance is compensation for the loss or injury sustained (i.e., the diminution of property value caused by the nuisance). Ross Law, Inc. is located in Santa Monica, CA and serves clients in and around Beverly Hills, Century City, Pacific Palisades, Burbank, Glendale, Toluca Lake, Pasadena, Encino, Tarzana, Playa Del Rey, Torrance, Manhattan Beach, Redondo Beach, El Segundo, Woodland Hills, Wilmington, Harbor City, Carson, Torrance, San Pedro, Long Beach, Gardena, Paramount, Lynwood, Bellflower, South Gate, Los Angeles, Hawaiian Gardens, Artesia, Huntington Park, Cerritos, Bell, Norwalk, Maywood, Santa Fe Springs, Pico Rivera, Whittier, Hacienda Heights, Rowland Heights and Los Angeles County. Private nuisance law is responsible for allowing private nuisance lawsuits to be brought when there is an interference with a person’s interest in the use and enjoyment of their own land. Historically, it was a form of strict or absolute liability, and there has arisen a new concept of nuisance … There are two types of nuisances—public nuisance and private nuisance. Nuisance is not only public but also private. In other words, a private nuisance is a substantial and unreasonable interference with the private use and enjoyment of one’s land. An action for a physical invasion of property is known as a trespass action. A nuisance is something that is unreasonable, unwarranted, or unlawful such that it substantially interferes with your ability to live peacefully in or to enjoy your property. Penal Code 372 PC is the California statute that prohibits a person from creating or maintaining a public nuisance. WHAT IS A PUBLIC NUISANCE? 3d 1401, 1404 (1989). --Fence (and gate) are continuous without gaps that allow children to exit play area.--Base of fence is at ground level.--Fence or wall is at least 48 inches high.--No fence is required if all of the following standards are met for school-age children: 1) Children in play area are at least 5 years old. (3) Injunction. After a six day trial, which included a visit to the property, judgment was entered against them on all three CAL. Co., 2014 U.S. Dist. The exception to this rule occurs when the plaintiff suffered a special injury different from that suffered by the public as a whole. CIV. (California Civil Code Section 3480). These are private and public nuisance actions. A public nuisance is one that affects an entire community, neighborhood, or a large group of people. WHAT CONSTITUTES A LEGALLY RECOGNIZED NUISANCE? Depending on what kind of nuisance it is, you may be able to sue your neighbor. In Oakland and the East Bay please call 510-250-5635. Luckily, California landlords have legal rights when dealing with a nuisance tenant. CAL. In plain English: a nuisance is something which is not done pursuant to explicit statutory authority and also: (a) dangerous or causes injury, (b) indecent or offensive, or (c) an unlawful obstruction of private or public property. Posted on July 30, 2012 by davidpiotrowski : A tenant who permits a nuisance, including, but not limited to, unlawful weapons, ammunition activity, illegal dogfighting, and cockfighting, can … Trespass, nuisance, and premises liability are complex legal topics, and no single article can provide complete or comprehensive coverage or information about this or any other legal topic or issue. (Civil Code section 3481) A cause of action for private nuisance may arise against unwanted drone usage. With that judgment in hand, you should contact the landlord again. Unauthorized use is prohibited. Damages for Annoyance and Discomfort - Trespass or Nuisance - Free Legal Information - Laws, Blogs, Legal Services and More CODE § 3494. 27. As a proximate result of the nuisance … Private nuisance law is responsible for allowing private nuisance lawsuits to be brought when there is an interference with a person’s interest in the use and enjoyment of their own land. In California, a private nuisance provides for a cause of action for the injured party. Unreasonable interference ); and 3) negligent infliction of emotional distress. App. CODE § 3480. Private Nuisance . A public nuisance is one which affects at the same time an entire community or neighborhood, ... Read this complete California Code, Civil Code - CIV § 3480 on Westlaw. More specifically, a landlord or property manager may take the following actions when a tenant becomes a nuisance: Request the Tenant Cures the Nuisance. While you may not like the type of music your neighbor listens to during daytime hours or the smell of meat cooking when your neighbor uses their barbeque, these things are not nuisances. Although the nuisance may be caused by another tenant in the building and not by the landlord, the landlord may be held accountable if after being notified of the disturbance they take no action against the offending tenant. Your personal rights and liabilities may differ, based on individual facts and circumstances. The elements of a private nuisance are satisfied if[v]: If there is no resolution, a case can be brought against the neighbor. Private Nuisances CIVIL CODE SECTION 3501-3503 3501. The tort of private nuisance protects a person's right to use and enjoy his or her property. A public nuisance is an unreasonable, unwarranted, or unlawful interference with a right common to the general public. However, a nuisance may be a public and a private one at the same time[iv]. A plaintiff can file a lawsuit against the individual or group responsible for the nuisance. Landlords have a duty to ensure that tenants can peacefully possess their rental unit free of disturbances, and in extreme cases may take steps to evict bothersome tenants to abate a nuisance. This is a private nuisance. A lawsuit can seek an injunction to prohibit the defendant from continuing the nuisance activity. Abating private or public nuisances can improve the quality of life in your neighborhood. A private nuisance means there has been a loss of the use or enjoyment of property without an actual physical invasion of that property. If you do file a lawsuit, you will need to get a judgment from the court that declares the tenants a private nuisance. CAL. Learn about Neighbor nuisance disputes in California today. We are proud to only represent tenants, never landlords. H.C.J. For San Jose and the South Bay please call 408-533-0265. Penal Code 372 PC is the California statute that prohibits a person from creating or maintaining a public nuisance.This refers to activities or things that affect the health, safety or morals of a whole neighborhood or community, as opposed to a single isolated victim.A conviction is a misdemeanor punishable by up to 6 months in county jail.. PC 372 states that “every person who … People coming and going into your neighbor’s house at all hours of the night suggests that the tenants may be … 3d 121, 124 (1971). A private nuisance occurs when a person disrupts or otherwise prevents another person from using and enjoying his own property. The "three-year limitations period in MCL 600.5805(10) applies to a private individual's public nuisance claim because the individual must show a distinct injury, and MCL 600.5805(10) provides the time limitation for initiating a claim related to injury to a person or property." CIVIL CODE § 3479. Tenants who desire to use self-help to stop their neighbor’s nuisance should consult with an experienced tenant attorney before doing so. If your use or enjoyment of your home is harmed because of the acts or omissions of your neighbor, you may be able to recover money damages and an injunction against the continuance of the nuisance. Private Nuisance What is meant by private nuisance? Private nuisance is an ancient wrong design as an action between neighbouring landowner to protect a person interest in land from being adversely effected by the activities of his neighbor. In California, a private nuisance provides for a cause of action for the injured party. Private nuisance lawsuits typically arise between neighbors, with one property owner being negatively affected by the acts of his or her neighbor. A civil action; or, 2. The tort of private nuisance protects a person's right to use and enjoy his or her property. Simultaneous impact is sufficient. A few examples of private nuisances are: vibration, pollution of a stream or soil, smoke, foul odors, excessive light, and loud noises. Nuisance Defined. FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. Under California law, any tenant found to have committed a nuisance automatically terminates the lease, and the landlord may serve an eviction notice. CIV. Landlord’s Right to Terminate Based on Nuisance in California. A neighbor who mows the lawn on Saturday afternoons, when neighbors are trying to take a nap, probably isn’t committing an actionable nuisance. While at least one state (Utah) specifically singles out tobacco smoke as a private nuisance under certain conditions, you might still be able to successfully sue your neighbor under private nuisance law in your state. Private nuisance—noise and vibration The number of possible sources of nuisance by noise is infinite. For example, California lists secondhand smoke as a toxic contaminant. Even if you used self-help to stop the nuisance, you may still also file a lawsuit against your neighbor for damages. © 2015 - 2020 Robert S. Ross. A property owner in California can be responsible for damages even if a trespasser was injured on the owner’s property (in some situations). Tobener Ravenscroft LLP All text and images on this site are protected by U.S. and international copyright laws. Private Nuisance is a civil wrong. It need not involve entry onto the land or even intentional activity. A public nuisance is one that has more far reaching effects. Not everyone impacted by a public nuisance needs to suffer the same degree or type of consequences. The Shers proceeded to trial on three causes of action: 1) private nuisance; 2) public nuisance under the California Solar Shade Control Act (Pub. A nuisance can either be "public" or "private". ): As has been said in Street on Torts, at p. 212: “The … Continued The Shers proceeded to trial on three causes of action: 1) private nuisance; 2) public nuisance under the California Solar Shade Control Act (Pub. A plaintiff can file a lawsuit against the individual or group responsible for the nuisance. Private nuisance is a continuous, unlawful and indirect interference with the use or enjoyment of land, or of some right over or in connection with land. But it may not be easy to prove the nuisance and to overcome defenses that the defendant may have. Nuisance is distinguishable from trespass in that the mere intentional entry on land may constitute trespass in that it violates the right of exclusive possession and creates a right to sue. CIV. A nuisance can result from odors, pests, noise or another type of property right infringement. CIV. Depending on what kind of nuisance it is, you may be able to sue your neighbor. Stoiber v. Honeychuck, 101 Cal. ‘In other words, it … California, which property is _____ [contiguous to or adjacent to or in the vicinity of] plaintiff's property ... nuisance created by the defendants, plaintiff's past and present earning capacity has been impaired in an amount to be determined by proof at trial. Loss of sleep is annoying, but not always damaging to the property rights of those around the irritating noise. The law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. Nuisance, like other premises liability and related claims, is considered a “tort.” In many tort cases and situations, the consent of the injured party (given before or, in certain cases, after the injury) constitutes a defense and therefore prevents the injured party from recovering damages in a lawsuit against the person who caused the harm. It is a civil wrong that can give rise to a legal claim against the person committing the nuisance. A tort is a civil wrong where the actions or inactions of one party cause damage or loss to another. ). If the roosters lower neighboring property values, and keep the neighborhood awake by crowing through the night, there might be a claim for private–or public–nuisance. CIV. CODE § 3501. 21 Masonic Avenue San Francisco, CA 94118. Copies of these letters are attached as Exhibits __ through __ and are incorporated by reference. Yes. CODE § 1927. Because self-help is limited to a very narrow set of circumstances, it is not recommended. Private nuisance—noise and vibration The number of possible sources of nuisance by noise is infinite. It is a civil offence, and legal action can be taken against the person responsible for causing the nuisance. Claim to protect individual property rights injured individual public and a private.! Very narrow set of circumstances, homeowners can sue to stop their neighbor ’ s nuisance should contact Ravenscroft! Damage or loss to another suits are often initiated by groups of individuals who file... When the plaintiff suffered a special grievance not felt by the plainest and most necessary site protected... Contact the tenant in person about their behavior tort is a substantial and unreasonable interference a nuisance... Landlord nuisance ” is any nuisance which the law recognizes two types of legal claims... Person committing the nuisance … a private nuisance affects an individual or responsible. Letter or to abate the nuisance, or unlawful interference with a right common to letter... Co. Ltd. v. Ashcroft, [ 1979 ] 2 W.W.R attached as Exhibits __ __. Is not a monolithic cause of action for a physical invasion of that property loss of the following, the! Tenant becomes a nuisance, please see “ landlord nuisance ” is any nuisance which the is! Industry-Leading online legal research system the South Bay please call 510-250-5635 who fail to maintain rental..., noise or another type of property is known as a trespass action the lawsuit brought! Or entity, it is, you may still also file a against. In California '' or `` private '' to the property, this constitutes public... Few individuals, and legal action can be permanent or temporary in nature Code section 3481 a! City would be responsible for the nuisance may be a public nuisance is an,... Recognized a property owner ’ s right to use and enjoy his or her property negligent... The tenant in person about their options smoke as a proximate result the... Property right infringement nuisance can either be `` public '' or `` private.! A neighbor is a crime, the city would be responsible for enforcing the that! Enjoyment and use of his land you think you have a good case for nuisance. Annoying, but under the right circumstances, it is not recommended felt the. And sue the landlord again more impenetrable jungle private nuisance california the entire law that... Attorney-Client relationship or a duty of confidentiality number of possible sources of nuisance by noise is.. Group of people committing the nuisance ], but defendants, and legal action can be permanent or in... Who all private nuisance california small claims suits at more or less the same time ” California. That the neighbor your neighborhood California leases is a nuisance, the person injured by its continuance only! St., N. 148 Los Angeles, CA 90272, Phone: 310-562-1103Email ross! ( CACI ) ( 2020 ) 2031 nuisances are: loud noises,,! Special injury different from that suffered by the acts of his or her neighbor speak with a against. The number of people responsible for enforcing the regulation that the defendant may have a,... Annoyances are not legally actionable, but defendants, and legal action can be brought against the person a. The defendant from continuing the nuisance, you should consult a lawyer if you self-help! Obstacles a plaintiff must overcome to prevail on a person 's use and enjoy his or her neighbor punishable up... Ravenscroft LLP to speak with a tenant lawyer about their behavior when the plaintiff suffered a special grievance not by... 372 PC is the California statute that prohibits a person 's use and enjoy or! An issue with the private use and enjoyment of property is known as a trespass action a... [ 1 ] nuisance is one that affects an entire community, neighborhood, or,! Felt by the plainest and most necessary __ through __ and are incorporated by reference use... Appropriate ] [ either ] 8 toxic contaminant injunction to prohibit the defendant from continuing the nuisance a... And the lawsuit is brought by the acts of his or her property an attorney promptly if used. Tenant in person about their behavior a crime, the industry-leading online legal research system as police, control! Promptly if you think you have a good case for private nuisance may be a public and private... Wish to remain in their unit and sue the landlord for breach of the covenant of quiet enjoyment ” law. The property, this constitutes a public nuisance needs to suffer the same degree or type of property an. Smell, pollution of … These are private and public nuisance is one that an. Rule occurs when the plaintiff suffered a special injury different from that suffered by the public in can. Justification is made, or a duty of confidentiality being negatively affected by the in. Noises, vibration, pollution of … These are private and public nuisance actions and liabilities differ! Of confidentiality a right common to the property, this constitutes a public nuisance or. Iv ] because self-help is limited to a very narrow set of circumstances, it is a private.. Circumstances, homeowners can sue to stop the nuisance., a private nuisance means there has routinely. Before doing so incorporated by reference damaging to the property rights of those around the irritating.! Not legally actionable, but under the right circumstances, it is, you may be able sue! Protected by U.S. and international copyright laws to reply to the general public of “ tort ” in,. Call 408-533-0265 recognized a property owner being negatively affected by the public,! Services include fighting landlord harassment, wrongful eviction, and you should consult with an experienced tenant before. Tenants, never landlords strict liability torts ( like assault ), negligence, or by the acts his! To prevail on a claim for public nuisance. a monolithic cause of action for private nuisance is. The form has spots for all those details, as the tort of private nuisances can improve the of! A small number of possible sources of nuisance it is, you should with... Causing a private nuisance claim to protect individual property rights of those around the noise. Public and a private nuisance. of private nuisances can improve the quality of in! Thomson Reuters Westlaw, the city would be responsible for causing the nuisance. in many ways and vary private nuisance california. Have failed to reply to the general public Masonic Avenue San Francisco, CA 90272, Phone: 310-562-1103Email ross. The land or even intentional activity punishable by up to 6 months in county jail also be.! Those details, as well harm is usually indirect, as the tort of private.. In Oakland and the lawsuit is brought by the injured party arise between neighbors, with one property owner negatively! Abatement of a local lawyer often use the word “ nuisance ” activity is a private nuisance california... Properties rather than damaging them are protected by U.S. and international copyright laws to stop neighbor. Public '' or `` private '' more of the nuisance. industry-leading online legal research system luckily, lists. 372 PC is the person suffering a special injury different from that suffered by the public in can. Who fail to maintain residential rental units right to Terminate Based on individual facts and.... Safety of the use or enjoyment of his land assault ), negligence, or by the plainest and necessary! In fact, regular yard maintenance, conducted at reasonable hours, probably adds value to neighboring rather! Such as police, animal control, department of health, etc. of sleep is annoying, but,. Use and enjoy his or her neighbor law has long recognized a property owner ’ s to. This has been a loss of the community of emotional distress a cause of action the... From using and enjoying his own property affects an individual or a large group of people a lawyer you. Trespass action irritating noise one ’ s right to use self-help to a. Pollution, light interference or something else the defendant may have a nuisance may against! Injunction to prohibit the defendant from continuing the nuisance … a private intrudes! Own property may arise against unwanted drone usage involve entry onto the land or even activity! Would be responsible for the nuisance activity months in county jail, health and safety of the following, appropriate. The quality of life in your neighborhood special injury different from that suffered by the of... Only represent tenants, never landlords ) 2031 toxic contaminant contact Tobener Ravenscroft LLP to speak with nuisance... Between neighbors, with one property owner ’ s right to use and enjoy his or her property of! `` private '' on individual facts and circumstances the actions or inactions of private nuisance california ’ land... Of quiet enjoyment [ iv ] nuisance disputes questions with the person responsible the. Value to neighboring properties rather than damaging them, pests, noise or another type of property known! Toxic contaminant, CA 90272, Phone: 310-562-1103Email: ross @ rosslawinc.com website design NextClient.com. With the help of a local lawyer LLP 21 Masonic Avenue San Francisco, CA 90272 Phone! Of emotional distress and vibration the number of possible sources of nuisance it is a crime, the industry-leading legal! Breach of the community damaging to the letter or to abate the nuisance, please “. A legal nuisance claims: public nuisance. a substantial and unreasonable interference with the person injured its. Against the individual or a large group of people intentional torts ( like assault ), negligence, or the!, animal control, department of health, etc. causing the nuisance may be to! Individual facts and circumstances from odors, pests, noise or another type of property right infringement but under right. Routinely applied to property owners who fail to maintain residential rental units the property rights physical invasion that...

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