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#231 85 Due Process under the California Constitution. Respondents and Defendants. ) The most frequent common law writs include writs of mandate (Code Civ. California Rules of Court, rules 8.45-8.476 (b)(1)(2), provide the rules governing sealed and confidential records. review of the august 2, 20__ order denying defendants' motion for summary judgment entered by the superior court of california, county of redwood, case no. L, Shannon Thompson, Esq. Practice Guide: Civil Appeals and Writs (The Rutter Group 2019) 15:1.3; see also 2020 California Court Statistics Report [https://www.courts.ca.gov/documents/ 2020-Court-Statistics-Report.pdf, pages 38, 41].). PDF In the Court of Appeal of The State of California Third Appellate 1 BRUCE S. ALPERT (SBN 075684) EXEMPT FROM FILING FEES Butte County Counsel Pursuant to Government 2 BRAD STEPHENS (SBN 212246) Code Section 6103 Assistant County Counsel 3 25 County Center Drive, Suite 210 Oroville, CA 95965 4 (530) 538-7621. (Cal. SuTE 850 COUNTY OF LOS ANGELES 2 1702 S. Robertson Blvd. PDF ATKINSON, ANDELSON, LOYA, RUUD & ROMO A Professional Law Corporation - ICAN Opposing a writ opposition . Telephone: (626) 356-4801 Vv. : 21STCP03310 RAINS LUCIA STERN ST. PHALLE & SILVER, PC PDF Petition for Writ of Mandate - Paulick Report Colusa, CA 95932 ), Denial of motion to quash service of process (Code Civ. The alternative writ triggers further briefing (a return and reply) as well as an oral hearing. I 085); a writ of prohibition to stop something (Code Civ. Make sure any protected information is redacted or, if necessary, filed under seal. ), To obtain writ review, a petitioner must show not only the presence of a ministerial duty, but that his or her remedy in the ordinary course of law is inadequate or that petitioner would suffer irreparable injury were the writ not granted. (Interinsurance Exchange of Automobile Club v. Super. (Bridgestone/Firestone, Inc. v. Superior Court (1992) 7 Cal.App.4th 1384, 1389, fn. 4th 1308. SUPERIOR COURT OF THE STATE OF CALIFORNIA 401 Wresiene Bota EvaRD (Mountain Peak)'s (collectively "Petitioners"), Petition for Writ of Mandate, Monarch Country Mobilehome Owners Ass'n v. City of Goleta, 2013 Cal.App.Unpub.LEXIS 1713, 36 (2013). (California Correctional Peace Officers Assn. Language links are at the top of the page across from the title. Proc. Respondents' Brief in Opposition to Petition for Writ of Mandamus Under C.. COUNTY OF S, Electronically FILED by Superior Court of California, County of Los Angeles on 09/25/2019 02:32 PM Sherri R. Carter, Executive Officer/Clerk of Court, by M. Horan,Deputy Clerk Petitioner has stated facts sufcient to constitute a val ..ormance of an act which the law specically enjoins, as a duty resulting from an ofce, trust, or station, Under this section, mandate will lie to compel performance of a clear, present, and usually ministerial duty in cases where a petitioner has a clear, present and benecial right to performance of that duty. SUPERIOR COURT OF CALIFORNIA County of Sacramento 720 Ninth Street ~ Room 102 Sacramento, CA 95814-1380 (916) 874-5522 Website www.saccourt.com GUIDE TO THE PROCEDURES FOR PROSECUTING PETITIONS FOR PREROGATIVE WRITS (as specified in Local Rule 2.26(E)) Filing a Writ Petition: Serving a Writ Petition: Dist. California is set to ban diesel truck sales by 2036. ) San Jos, California 95110-1770 Joseph Hardesty vs. California State Mining and Geology Board. the challenger's claim is that the action was invalid and should be cancelled, or. The trial court that issues a writ of mandate retains continuing jurisdiction to make any orders necessary for complete enforcement of the writ. (Los Angeles Int'l Charter High Sch. The gravamen of a challenge based upon inverse condemnation is that the administrative action was invalid insofar as it did not provide for payment of compensation. 430.10(e).) (Code Cv. . The court will not be interested in the merits of your legal argument unless these three requirements have been met. If you wish to keep the information in your envelope between pages, and must comply with California Rules of Court, rule 8.824. b) Service. PRELIMINARY OPPOSITION TO PETITION FOR WRIT OF MANDATE, PROHIBITION OR OTHER APPROPRIATE RELIEF AND REQUEST FOR STAY OF ALL TRIAL COURT PROCEEDINGS Michael J. Bidart Steven M. Schuetze Gretchen M. Nelson (112566) NELSON & FRAENKEL LLP SHERNOFF BIDART ECHEVERRIA LLP 707 Wilshire Blvd., Suite 3600 600 So. 1 James Diskint (SBN 329114) Beware: There are some rulings for which statutory writs provide the exclusive remedy for review, including but not limited to: Denial of motion to quash service of summons for lack of personal jurisdiction (Code Civ. VI, 10.) PDF Petition for Alternative Writ of Mandate to Set Aside Suspension or 5 to the requirement 6 extracurricular activities 7 mandated 8 mandate, students 9 independent study . <>>> Where the appellate division grants a writ of mandate directed to the superior court, the superior court is an inferior tribunal for purposes of this chapter. 4.) 7 SUPERIOR COURT OF THE STA, 21 COUNTY OF SANTA CLARA %PDF-1.6 % 2 0 obj Please check official sources. Writ petitions can also be filed with a superior court in order to compel an administrative agency or other entity, public or private, to perform a duty required by law. (Rust v. Roberts (1959) 171 Cal.App.2d 772, 776.) One common mistake is burying this showing in the substance of their legal arguments. ) You can always see your envelopes . vs Writ of Mandate Superior Court of California, County of Placer, Dept. Proc., 1085; Polster v. Sacramento County Office of Educ. The preliminary opposition must include a memorandum and statement of any material fact that was omitted from the petition. Website. 126525) ), Grant or denial of motion to change venue (Code Civ. rmedonald@carlsonnicholas.com PDF In the Court of Appeal of The State of California Resorts U.s., Inc Johnny Mirzapour 8:15 AM - 9:00 AM Case No. Because of this, it is important to familiarize yourself with the Court Rules governing electronic formatting, including bookmarking, using searchable-text, consecutive page numbering, electronic signatures, and more. Accessing Verdicts requires a change to your plan. PDF Puttin' On The Writs: 10 Tips For Petitioning For Calif. Appeal B, F, G.) <>stream (a) (1) Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co-obligors, upon giving notice in the manner RICHARD K. SUEYOSHI CLERK E. GONZALEZ Ct. (1950) 35 Cal.2d 363, 366.) PDF Preliminary Opposition to Petition for Writ of Mandate Los Angeles, CA 90035 An answer must contain whatever denials that are necessary to controvert the material allegations of the complaint. Janet is the owner and principal of Gusdorff Law, P.C., in Westlake Village, CA. Deputy Attorney General 3 Encino, CA, Court Finding - After Court Trial 09/29/2020, Writ - Administrative Mandamus (General Jurisdiction), 1 (Cal. Attomey for Petitioner Proc. - 4th Dist. Rule 8.487 - Opposition and amicus curiae briefs, Cal. R. 8.487 Unlike the federal court system, where interlocutory appeals may be taken on a permissive basis and mandamus are usually used to contest recusal decisions, the writ of mandate in California is not restricted to purely ministerial tasks, but can be used to correct any legal error by the trial court. JEREMY J. PILAAR, Deputy County Counsel (S.B. SKU 161. DECLARATION OF GREG W. CHAMBERS IN SUPPORT OF REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO FIRST AMENDED VERIFIED PETITION FOR ADMINISTRATIVE, WRIT OF MANDATE AND ATTORNEYS FEES (TRANSACTION ID # 62155482) FILED BY RESPONDENT MEDICAL BOARD OF CALIFORNIA June 19, 2018. Writ of Mandate / Mandamus in California - Trellis [8] Most such writ petitions are common-law writ petitions, which are not specifically set out by statute, and do not have a specific statute of limitation. Decker Law The Demurrers to the Complaint of Defendants City of Los Angeles and Los Angeles City Council, and Real Parties in Interest CH Palladium, LLC, CH Palladium Holdings, LLC, 5929 Sunset (Hollywood), LLC, CRE-HAR Crossroads SPV, LLC and 6400 Sunset LLC are SUSTAINED without leave to amend. In the event that a hearing is requested, oral argument shall be limited to no more than 20 minutes per side. In the event that a hearing is requested, oral argument shall be limited to no more th Background. Your subscription has successfully been upgraded. Real Party in Interest CRE-HAR Crossroads SPV, LLCs Motion for Order Confi For full print and download access, please subscribe at https://www.trellis.law/. RULING vs. ) fPROPOSED] WRIT OF MANDATE The sum and substance of Plaintiffs allegations are as follows: Proc., 1085; Santa Clara County Counsel Attys. Ct. (Great American Ins. (2) An opposition must contain a memorandum and a statement of any material fact not included in the petition. If the request seeks a stay of further proceedings in or of a trial court order, the petitions cover must also include the trial judges name, department, and telephone number. (Pet. $ 455.00 Qty: Print CP33880 4th edition, 2 looseleaf volumes, updated December 2022 $ 455.00 Qty: Add Forms CD to Print CP23883 $ 99.00 Qty: Although the statute does not expressly forbid the issuance of the writ if another adequate remedy exists, it has long been established as a general rule that the writ will not be issued if another such remedy was available to the petitioner. (Phelan v. Super. The plaintiffs interest must be direct, and it must be substantial. 190 0 obj <>stream (75741) BAINBRIDGE LAW APC A writ of mandate will not issue to enforce an abstract right, when the occurrence of an event subsequent to the commencement of the proceeding makes the issuance of the writ of no practical benefit to the petitioner. (Clementine v. Board of Civil Service Commrs (1941) 47 Cal.App.2d 112, 114. Opposition. PDF United States Court of Appeals for The Ninth Circuit The judicial review via administrative mandate under Code of Civ. Democrats, Pay Attention to What's Happening in California A court seldom issues a peremptory writ in the first instance without proceeding first with an alternative writ and additional briefing. PDF DENNIS J. HERRERA, State Bar #139669 State Bar - LCCRSF A "writ" is an order issued by the reviewing court to an inferior tribunal, typically the superior court, directing it to do something (mandate) or forbidding it from doing something (prohibition). 3 It is in the nature of an order to show cause, but it provides that the trial court must either change its ruling by the specified date or show cause why it has not. 27 If the court notifies the party that it is considering issuing a peremptory writ in the first instance, the respondent or any real party in interest may serve and file an opposition, due within 30 days (unless the court orders otherwise). In general, quasi-legislative acts are reviewed by ordinary mandate and quasi-judicial acts are reviewed by administrative mandate. 1094.5(a) is available only if the decision resulted from a proceeding in which by law: Ordinary mandate under Code of Civ. Marina del Rey, CA 90292 : 21ISTCP03883 (Code Civ. 6 (4) If the return is by demurrer alone and the demurrer is not sustained, the court may issue the peremptory writ without granting leave to answer. Services. Writ of Mandate on the Motion to Quash. JAMES R. WILLIAMS, County Counsel (S.B. Accordingly, petiti Spector v City of Los Angeles (Lewis v. Sup.Ct. If the court notifies the parties that it is considering issuing a peremptory writ in the first instance, the respondent or any real party in interest may serve and file an opposition. On July 13, 2018, Plaintiff filed an administrative appeal, requesting $65 as compensation for his allegedly missing property. Accordingly, the Court should either set the case down for plenary review, or grant the petition outright and send the case back for further proceedings. 7 Telephone: (949) 688-0776 A writ of mandate may be granted by a court as an order to an inferior tribunal, corporation, board or person, both public and private. PDF SUPERIOR COURT OF CALIFORNIA County of Amador 500 Argonaut Lane (209 (213) 797-7488 Young Tockgo, et al., v. Hanin Federal Credit Union, et al. superior court of california for the county of redwood respondent. hb```*f A !Fw'2^ `@G gTJTN2MoT fBa`28H10v40Et04t00w40v0IFrGKDn '30\c q#+ZFWfVeeLc`j$ J2 (Ex. try clicking the minimize button instead. 125201) ) 1. A petition for writ of mandate asks the reviewing court to do something (Code Civ. This is functionally the same as the alternative writ, except that it does not give the trial court the chance to moot the proceeding by changing its ruling. CITY OF LOS ANGELES; CITY COUNCIL OF ) As with the petition for writ of mandate, the petition for supersedeas must be verified. Otherwise, it can be difficult to show the petitioner had no other adequate remedy at law. [9], A litigant begins the process by filing a petition, usually styled as a petition for writ of mandate, prohibition or other extraordinary relief, against the trial court as respondent, naming the other party as the real party in interest. (d). ), A writ of (ordinary) mandate may be issued by any court to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station, or to compel the admission of a party to the use and enjoyment of a right or office to which the party is entitled, and from which the party is unlawfully precluded by that inferior tribunal, corporation, board, or person. (Code of Civ. PDF ANAHEIM CITY ATTORNEY'S OFFICE GREGG M. AUDET (SBN 158682) - Voice of OC ..The tentative ruling shall become the final ruling of the Court unless a party wishing to be heard so advises the clerk of this Department no later than 4:00 p.m. on the court day preceding the hearing, and further advises the clerk that such party has notified the other side of its intention to appear. In that case, applicants who had been denied a permit for a planned unit shopping center development sought a writ of mandate. Explanation: [7] As such, the only way for most interlocutory decisions to be reviewed before trial is through ordinary mandate. If writs confuse you, you are in good company. You will lose the information in your envelope, Peremptory Writ of Mandamus - Writ of Mandate, Bowen, Aaron et al vs City of Chico et al, Statement of Decision on Petitioner's Petition for Writ of Mandamus - Peti, Lozano, Rafael vs Butte County Department of Development Services et al, Petitioner's Opening Brief in Support of Request for Writ of Mandamus - Pe, Petition: Writ of Mandamus - Verified Petition for Writ of Mandate, Santa Clara Valley Transportation Authority vs California Public Employees, Answer to Petition for Writ of Mandamus Under CCP Sections 1094.5 and 1085, Writ of Mandate - WRIT OF MANDATE [PROPOSED] PEREMPTORY WRIT OF MANDAMUS, DELTA DAWGS CONSTRUCTION CORP., ET AL. Seeking extraordinary relief by filing a writ petition - Advocate Magazine 3 NEO KHUU (SBN 312540) Unless the court orders otherwise, the petitioner may serve and file a reply within 15 days after the return or opposition is filed. State of California MATTHEW BOERMEESTER,, Plaintiff and Appellant, v. . 19STCP00520 Your subscription has successfully been upgraded. This is the most common way for writ petitions to be granted. THE CITY OF LOS ANGELES; and DOES 1- ) Action Filed: November 24, 2021 Calendar: 15 [11], The vast majority of appellate writs are summarily denied without explanation, as, with very few exceptions, they are not a 'cause' which requires an appellate court to make a 'decision in writing with reasons stated', as required by the California Constitution. 28 (Cal. Co.) (2010) 47 Cal.4th 1233, 1238. Proc., 431.30; Mechling v. Asbestos Defendants (2018) 29 Cal.App.5th 1241, 1248. PDF Law Library for San Bernardino County Administrative mandate lies when the filing party wishes to appeal "any final administrative order or decision made as the result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken, and discretion in the determination of facts is vested in the inferior tribunal". . She is also licensed to practice in New York and New Jersey. v. Woodside (1994) 7 Cal.4th 525, 539.) Richard A. McDonald (State Bar No. will be able to access it on trellis. (Cal. PDF ATKINSON, ANDELSON, LOYA, RUUD & ROMO A Professional Law Corporation Hearing Date: November 8, 2022 Plaintiff is currently an inmate a ..eries, 6 AAA batteries, and a book lamp. 1 David E. Rosen (State Bar No. McEwan Fox Yard Sergeant, and the California Department of Corrections and Rehabilitation (CDCR). discretion in the determination of facts is vested in the agency. 3 Attorney for Petitioner, Rafael Lozano Proc., 422.10.) 70 West Hedding Street, East Wing, Ninth Floor Your subscription was successfully upgraded. Case No. Master the distinctions between mandamus and mandate Proc., 1088, 1105. Read Read Cited Authorities Cited Authorities 14. drosen@murphyrosen.com PDF R B Attorney General of California B G SETH GOLDSTEIN ), The appropriate type of mandate is determined by the nature of the administrative action or decision under review. (Beach & Bluff Conservancy v. City of Solana Beach (2018) 28 Cal.App.5th 244, 258.) . Pricing; Switch; Big firm; Coverage; SmartCite; Law school access; Bar associations; About us; Jobs; The California Supreme Court has issued writs of mandate against a wide range of executive officials, from city clerks all the way to the governor. JOSEPH HARDESTY AND YVETTE HARDESTY, Case No. Failure to include this information may be fatal to the stay request. Non-Criminal: Minute Order - Writ of Mandate, Johnny Mirzapour vs Bureau of Automotive Repair, ARMAHN PARRISH, ET AL. 3. Deputy Clerk: Kristi Temple Dept: SB Dept 4 Proc., 170.3, subd. [16], Certain writs are prescribed by statute. You're all set! PDF Case No. A156816 IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA However, statutory writs are still discretionary, with very few exceptions. Warden, Lt. Arebelo Fox Yard Lieutenant, Sgt. 301 E. Colorado Blvd., Suite 320 We have concluded that under the legal principles set out in these cases, and considering the entire record in the case now before us, petitioner has made a showing which entitles it to a writ of mandate issued by this court. On July 19, 2019, Clyde Davis (Plaintiff) filed a lawsuit stylized as a Petition for Writ of Mandate (Code of Civil Proc., 1085, 1086 et seq. 6 Rules of Court, rules 8.490(b)(1)(A), 8.500(e)(1).) The Second Appellate District requires similar notice for writs from juvenile dependency proceedings. endstream endobj 173 0 obj <. Eric W. Danly, City Attorney11 English StreetPetaluma, California 94952 Telephone: (707) 778-4497Email: edanly@ci.petaluma.ca.us BURKE, WILLIAMS, & SORENSEN, LLP Samantha W. Zutler, State Bar No. thomas a. delaney, (657) 622-5224 superior court no. 37-2020-00020207-CU-TT-CTL RESPONDENT'S BRIEF IN OPPOSITION TO SAVE THE FIELD'S PETITION FOR WRIT OF MANDATE Judge: Hon. (a) Preliminary opposition (1) Within 10 days after the petition is filed, the respondent or any real party in interest, separately or jointly, may serve and file a preliminary opposition. 111613 General Counsel ROBERT G. RETANA, State Bar No. The administrative appeal was accepted at the first level review by Associate Warden Denny. MCR 16-061 Hon. Petitioner, [PROPOSED] PEREMPTORY WRIT 4 26-27.) (Subd (c) adopted effective January 1, 2014.). Proc., 1085.) Code Civ. (Code Civ. PDF Request for Stay; Trial Court Stay of Discovery Expires July 6, 2015 Disclaimer: These codes may not be the most recent version. Scott W. Carlson (State Bar No. Judicial Officer: Donna D Geck In 1936, the Supreme Court of California held that because the state constitution reserves judicial decisionmaking to the judicial branch, it lacked jurisdiction to issue a writ of certiorari to review the decision of a state board unless that board had been expressly authorized by the state constitution to exercise judicial power. PDF PETITION FOR WRIT BOOKLET - occourts.org 445 South Figueroa Street, Suite 3100 Los Angeles, California 90071 (213) 699-1355 Telephone albert@lalitigators.com riddick@lalitigators.com JAMES BAINBRIDGE, ESQ. Petition for writ of mandate granted. : 21STCPO1830 On July 19, 2019, Clyde Davis (Plaintiff) filed a lawsuit stylized as a Petition for Writ of Mandate (Code of Civil Proc., 1085, 1086 et seq. Beyond that window, it becomes increasingly difficult to show a likelihood of imminent and irreparable harm. 1085.) v. Ca. Related Case: California Civil Writ Practice | Legal Resources | CEB | CEB (Arnold v. Williams (1963) 222 Cal.App.2d 193, 196-197. Codes Display Text - California 161 - Reply to Opposition to Petition for Writ of Mandate. If the court issues an alternative writ or order to show cause (see next section), the respondent or other real party in interest (separately or jointly) may serve and file a return by demurrer, verified answer, or both. Despite the statistical deterrent for writ success, under appropriate circumstances, writ relief may be the only way to prevent your client from suffering a significant miscarriage of justice. 5 COUNTY OF LOS ANGELES 8 Proc., 170.3, subd. 30-2019-01107063-cu-np-cjc _____ preliminary opposition to petition for writs of mandamus, prohibition, and review This article reviews basics: What exactly is a writ; how do you prepare a writ petition; when does the Court of Appeal generally issue writ relief; what are the different kinds of relief the Court can issue, and how can you increase your odds of success? 8 Cou. 2 BRAD STEPHENS (SBN 212246) Code Section 6103 Once more than 90 days have passed since the mechanics lien was recorded and the lien claimant has failed to file an action to . Petition, SUPERIOR COURT OF CALIFORNIA PDF In the Court of Appeal - Mark Anchor Albert Your content views addon has successfully been added. Ct. (2007) 148 Cal.App.4th 1218, 1225.) by clicking the Inbox on the top right hand corner. 6 Moua v. Hmong Cultural New Year Celebration, Inc. MARSHA SPECTOR VS CITY OF LOS ANGELES, ET AL. 9 IHSS Law Office of James Diskint CH PALLADIUM, LLC; CH PALLADIUM HOLDINGS, LLC; 5929 SUNSET (HOLLYWOOD) LLC; CRE-HAR CROSSROADS SPV, LLC; 6400 SUNSET, LLC (Ex. Facsimile? endobj Posted on Jun 26, 2014. 24 (Hudson v. County of Los Angeles (2014) 232 Cal. For full print and download access, please subscribe at https://www.trellis.law/. Additionally, the cover of the accompanying petition should include the words STAY REQUESTED prominently placed. 287008 Assistant General Counsel OFFICE OF GENERAL COUNSEL THE STATE BAR OF CALIFORNIA 180 Howard Street, San Francisco, California 94105 Tel . SBN 182586 If the return is by demurrer alone and the demurrer is not sustained, the court may issue the peremptory writ without granting leave to answer. As of March 2020, the California Supreme Court implemented mandatory electronic filing (for all but a narrow category of pro per individuals and those who have been excused from the requirements under local rules) through its platform TrueFiling.com. 6 Petitioner,) [PREFESED] WRIT OF MANDATE (Cal. [15] This is intended to give the party the opportunity to raise uncertainty in the law or facts and persuade the court to issue an alternative writ instead. ; Defendants. v. State Personnel Bd. (See Cal. (Ct. December 21, 2016. (a) A writ of mandate may be issued by any court to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station, or to compel the admission of a party to the use and enjoyment of a right or office to which the party is entitled, and from which the party is unlawfully . The petitioner must file the following documents with the petition: (1) The judgment or order, showing its date of entry; (2) The notice of appeal, showing its date of filing; (3) A reporters transcript of any oral statement by the court supporting its rulings related to the issues that are likely to be raised on appeal, or, if a transcript is unavailable, a declaration fairly summarizing any such statements; (4) Any application for a stay filed in the trial court, any opposition to that application, and a reporters transcript of the oral proceedings concerning the stay or, if a transcript is unavailable, a declaration fairly summarizing the proceedings, including the parties arguments and any statement by the court supporting its ruling; and (5) Any other document from the trial court proceeding that is necessary for proper consideration of the petition. 6 27762 Antonio Pkwy., L-1-464 Petition for writ of mandate, Rita Miller, Judge. (m)(1). Courts may properly issue such suggestive Palma notices without first having received or requested opposition, but if the trial court decides to take the suggestion, it must first provide the parties with notice and an opportunity to be heard. California Code of Civil Procedure 877.6 (2019) - Justia Law Telephone: (310) 393-4000

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