Can i sue my neighbor for emotional distress

Understand State Law. There are six states where you are permitted to sue for alienation of affection or criminal conversation if your spouse has been cheating, and New Mexico is one. In New Mexico, you can seek damages for mental anguish, public humiliation, injury to health, and loss of support. If the cheating ends in divorce, you also have. To answer your question about whether you could sue for emotional distress, yes, it is possible to sue for negligence, but you would need to prove: 1) The defendant acted in a negligent manner; 2) The defendant's negligence was the cause of the plaintiff's emotional distress; and 3) The plaintiff (you) suffered actual emotional harm. Suing for emotional damages involve the following steps: Document your distress: You must document your medical records, work records, personal journal, etc. to back up your case. You could even have an electronic health tracker monitoring your heart rate and sleeping habits. The better you document your distress, the easier it’ll be to. In the interests of fairness, here are 10 things that an employee should ask before suing an employer. You should know that I generally don't believe that lawsuits are the best way to resolve problems. (I realize that there are exceptions.) BEFORE YOU GO ON, PLEASE READ THIS!!!! I represent employers only, not employees or applicants. This blog. Can I sue for emotional distress? The courts recognize emotional distress as a type of damage that can be recovered through a civil lawsuit. ... Private nuisance lawsuits typically arise between neighbors, with one property owner being negatively affected by the acts of his or her neighbor. Non-economic damages are non-quantifiable expenses such as pain and suffering, loss of companionship, and other emotional costs. Punitive damages are reserved for personal injury cases where the culpable party’s actions were so reckless or egregious as to warrant additional penalties. These damages are meant to punish the responsible party. When one party has been the subject of verbal abuse, he or she is usually the only party that sustains psychological or emotional damage in the ordeal. However, when both parties have been equally abusive, there may be no claim for either. Usually, only one person is permitted to sue the other. Evidence, however, does strengthen the case when. Yes you can sue her. Defamation would not be the initial or most important basis of your lawsuit though. The initial basis should be breach of contract. The law considers marriage a contract between two people. If a 3rd party comes along and manipulates either the husband or wife to breach the terms of the marriage contract then the party who. Well, then the neighbors sued the complaining neighbor after the zoning proceeding, for (2) trespass, (3) slander, (4) negligent infliction of emotional distress, (5) intentional infliction of emotional distress, (6) harassment, and (7) injunctive relief. Statistics on traumatic stress The second is proving how much you are entitled to receive for your emotional distress. Claims Amount = $2,000 + $300 X [5 to 10%] Current pain and suffering is the time period from the time of your injury, to. Methods for resolving disputes with your neighbors Can My Neighbor Legally Block My View? ... In civil cases for harassment that occurs outside the workplace, you must meet a four-prong legal test to sue for harassment and emotional distress (Prior to the lawsuit, Gorey filed a charge of discrimination against the restaurant with the. Legal Headaches: Can Tenants Sue Their Landlord for Annoyance or Emotional Distress Concerning a Property's Condition?The Arizona Residential Landlord and Tenant Act, A.R.S. § 33-1301 et seq., (the "Act"), provides a comprehensive framework regulating the rights and responsibilities of landlords and tenants under a lease. Our team at MR Civil Justice proudly serves the Dallas area and has seen consistent success. We believe in sticking up for you, no matter who is responsible for your injuries. Whether it be a neighbor, driver, or a multi-million-dollar corporation, we’ve got your back. Schedule your free consultation with us today or call (214) 307-8387 to. After Leona Taylor refused William Francko's marriage proposal, he posted nude photos of her online, along with her contact information. Taylor sued Francko for public disclosure of private facts, defamation of character, and infliction of emotional distress. The court entered judgment against Francko and awarded Taylor $425,000 in damages.

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The answer to that question, as with so many legal queries, is, "It depends." Generally, citizens can (successfully) sue the police for infliction of emotional distress in one of two instances, when an officer: intentionally or recklessly acts in a way that causes emotional injury or. causes emotional distress through a negligent act. It can be a spat about noise, boundary issues, trees or fences. But if you are considering suing your neighbour, think about a few things first. Whatever hard feelings there are now, they will get. A California Appeals court recently decided that emotional distress is a viable claim when associated with a dog’s injury. The appeals court found that California law allows a. 1. Find the right court. You must sue the defendant in the county where he or she lives or in the county where the death or injury took place. If the person lives in the same county as you, then you will sue in your county court. You should also think about suing in small claims court. To answer your question about whether you could sue for emotional distress, yes, it is possible to sue for negligence, but you would need to prove: 1) The defendant acted in a negligent manner; 2) The defendant's negligence was the cause of the plaintiff's emotional distress; and 3) The plaintiff (you) suffered actual emotional harm. Answer: There's not much you can do. Something must have aroused their suspicion. See if you can remember what it was and then go and talk to them. Question: My neighbors have both audio and visual surveillance on me, through walls, it is very intrusive and is causing mental stress. Successful emotional distress claims can be difficult to prove. Find out who qualifies to file a NIED lawsuit & how to build a strong case. No win, no fee 608-531-6252. ... The thought of suing for emotional distress while still coping with your losses can seem overwhelming, but it really is in your best interest not to delay.. Emotional distress damages are a dollar figure that is attached to the victim's claim of emotional distress. Often this amount and this cause are seen more in a personal injury lawsuit, but this distress can be brought on by certain conditions that the landlord has caused and therefore is his responsibility in the amount the judge deems suitable for emotional distress damages. In this case, your neighbor’s loud music is not considered outrageous or extreme, so you would not be able to win a lawsuit based on intentional infliction of emotional distress. If you are wronged by your neighbor, you can sue them. If they are playing loud music and it has disturbed you and your family, then you can sue them for intentional. UM/UIM coverage can be purchased separately, but are often packaged together. The cost and coverage varies from state to state and from policy to policy. Generally speaking, uninsured and underinsured motorist coverage will cost an additional 5% from your current annual auto insurance premium. Coverage can range anywhere from $5,000 to over $1. A Connecticut woman who says she's descended from slaves shown in widely published, historical photos owned by Harvard University can sue the school for emotional distress. The top court in. You may be able to sue in Small Claims Court to ask for money to make up for your injuries or damages. The most you can sue for in Small Claims Court is $35,000. If you want to sue for more than $35,000, you must go to Superior Court. You can use the Simplified Procedure for claims between $35,000 and $200,000. It's very hard to sue for more. If you’re looking for more advice on the matter, don’t hesitate to contact us at Conte Jaswal. You can call us at our toll-free number 1.877.614.0008 as well. Our lawyers will provide excellent advice and help you get the compensation you deserve. Contact us today for a FREE Consultation. contelawyers.ca. Psychological impairments is the suffering caused by an accident, injury, or any traumatic experience. Anyone that has experienced trauma during the event, including bystanders and relatives of the victims can file a civil lawsuit claiming emotional distress. A separate personal injury claim usually accompanies this lawsuit. Some of the most common negligence claims against homeowner insurance policies include things like dog bites (or other animal bites), slip and fall injuries, or poorly maintained trees that fall over and damage a neighbor's adjoining property. All of these types of accidents need to be taken individually and evaluated by experienced attorneys. About My Yelling In Get I At Can Trouble Neighbor For . His father, Joe Dean Hobbs, was a minister at the Apostolic Pentecost Church. ... Can I Sue For Intentional Infliction of Emotional Distress From Abusive or Insulting Language as a Claim By Itself? Maybe. ... Whether your client can sue his seller for failing to disclose this nasty. When suing for emotional distress based on harassment, you must be able to show that the emotional distress was extreme. Anxiety, worry or feelings of upset rarely meet this threshold unless they are debilitating and require psychiatric care. Passing distress, such as upset that resolves on its own within a week, would not likely meet the legal. I am disabled. Part of my disabilities is PTSD. I have a friend that came over on the 17th that washed my hair and helped me get a bath. There are not many people I trust to help me do that. Anyway, my landlord came to my door that day and told me that she needed to leave and not come back because my next door neighbor don;t like her. Can she.


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. Some of the most common negligence claims against homeowner insurance policies include things like dog bites (or other animal bites), slip and fall injuries, or poorly maintained trees that fall over and damage a neighbor's adjoining property. All of these types of accidents need to be taken individually and evaluated by experienced attorneys. Could Motivate a Landlord to Settle Outside of Court: Notifying your landlord of your intention to sue him or her could motivate your landlord to do everything in their power to avoid actually going to court. He or she may agree to settle with you before the matter ever goes before a judge. Receive Money You Are Owed: If you sue your landlord and win, you will be awarded. Two Durango teens thought they'd surprise neighbors with nighttime deliveries of home-baked treats. But one woman was so terrified, she sued and has won. Taylor Ostergaard, left, and Lindsey Jo. Suing for Emotional Distress [Guide 2022] Although emotional distress isn’t visible like a physical injury, the effects can be just as devastating for victims. ... Sue Your Neighbor in 10 Minutes [Guide 2022] In most cases, people hope to have a good relationship with their neighbors. Sometimes, that is not the case. Even if it is, if your. Can you sue for mental anguish in Virginia? Yes, you can sue someone for causing mental harm which is classified as Emotional Distress or “Mental Anguish.” However, the process can be challenging and is dependent on many factors. If this is a matter of the plaintiff's neighbor stressing them out, then there is most likely no case there. Suing for Emotional Distress [Guide 2022] Although emotional distress isn't visible like a physical injury, the effects can be just as devastating for victims. If you're the victim of emotional distress caused as a result of negligence or intent by someone else, you are entitled to file a lawsuit in court and receive damages if the jury or. neighbor-on-neighbor harassment would be settled by now If they cannot help you, you can still bring a Protection from Harassment complaint A legal dispute between two wealthy California neighbors was resolved Wednesday, with a judge deciding that billionaire bond king Bill Gross was harassing the tech entrepreneur next door by Arizona Stalking. Some of the most common negligence claims against homeowner insurance policies include things like dog bites (or other animal bites), slip and fall injuries, or poorly maintained trees that fall over and damage a neighbor's adjoining property. All of these types of accidents need to be taken individually and evaluated by experienced attorneys. The short answer is, yes, you can sue your neighbors. However, as with any claim for damages, you must prove that the Defendant's conduct, actions or inaction directly or indirectly caused injury to you. Next, you must prove damages.


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Yes you can. Find how to sue a collection agency today. Free Consultations | 1-877-963-9543. ... the receptionist at work or neighbor they can also have a claim for damages. ... Emotional distress can be caused by relentless phone calls. If you marriage or other relationships have suffered because of the relentless phone calls damages may be. Remember, if you are an individual or sole proprietor the maximum you can sue for is $10,000 in California small claims. If you are suing on behalf of a corporation or LLC, you can sue for a maximum of $5,000. You don't want to regret after the hearing not asking for the full amount you think you are owed because "you weren't 100% sure.". This allowed close family members witnessing trauma experienced by their relatives to sue for emotional distress. A further court definition for NIED was established in 2011, allowing Pennsylvanians to sue for breaches of duty from one person to another when there is a pre-existing "special relationship.". CODE § 3481. 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. CAL. CIV. CODE § 3501. If the neighbor allows their dog to continuously bark every night, which causes you to lose sleep, you may have a case against them. Can you sue for mental anguish in Virginia? Yes, you can sue someone for causing mental harm which is classified as Emotional Distress or “Mental Anguish.” However, the process can be challenging and is dependent on many factors. If this is a matter of the plaintiff's neighbor stressing them out, then there is most likely no case there.


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To prove IIED, you need to show: (1) your neighbor acted recklessly or intentionally (2) in an outrageous or extreme way that (3) caused you severe emotional distress. Proving that behavior rises to the level of IIED can be hard, but this may be an option in some circumstances. Criminal charges. In some harassment cases, you may seek criminal charges against your. If you need someone on your side who will fight for your rights, call Wimmer Criminal Defense Law at 215-712-1212 or send us an email to schedule a free consultation today. Generally speaking, the police are immune from various types of claims. This means that you cannot sue the police department in many situations. To prove a claim for intentional infliction of emotional distress in California a plaintiff must prove that: The defendant’s conduct was outrageous, The conduct was either reckless or intended to cause emotional distress; and; As a result of the defendant’s conduct the plaintiff suffered severe emotional distress. 1; 2.


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Holt, 174 Va. 213, 5 S.E.2d 492 (1939), had said that a landowner can sue his neighbor only if the plant that was sending its roots or branches across the boundary line was a “noxious” plant. The Court in Fancher couldn’t figure out whether a sweet gum tree with invading roots was “noxious,” and didn’t think that was a valid basis. You can file charges against him for "Intentional Infliction of Emotional Distress". If he has any money, sue him. My sneaky neighbor turned everything over to his wife, so we could not sue him and get anything. Keep the pressure up and they may tire of it all, like our neighbor did, and move out. Best of luck to you. Infliction of Emotional Distress. When the actions of one person cause emotional or mental trauma to another, the victim may be able to recover damages for the mental stress. The stress can be caused by intentional, reckless or negligence conduct; however, in cases of negligent infliction of emotional distress (NIED), the threshold of injury is. Can you sue for mental anguish in Virginia? Yes, you can sue someone for causing mental harm which is classified as Emotional Distress or “Mental Anguish.” However, the process can be challenging and is dependent on many factors. If this is a matter of the plaintiff's neighbor stressing them out, then there is most likely no case there. 5. You’re unlawfully evicted. If you think your landlord is trying to unlawfully evict you, then you can sue to remain in the property. If you have already faced eviction and believe it was done so illegally, you can sue to cover any costs incurred in regard to temporary housing. 6. 1. Find the right court. You must sue the defendant in the county where he or she lives or in the county where the death or injury took place. If the person lives in the same county as you, then you will sue in your county court. You should also think about suing in small claims court. Kat Garcia, 32, who lives in Los Angeles and works in public relations at the National Notary Association, was sued by her ex-fiance in 2010. She. Property Rights: My Neighbor is a Nuisance If a neighbor's actions continuously interfere with your enjoyment of your property, you can sue to put an end to the behavior Original Post: We purchased a house about 5 months ago and immediately made nice with the neighbors In general, feeding any wildlife is illegal under animal harassment laws. You can sue your neighbor for invasion of privacy for the video camera surveillance of your property. Invasion of privacy is a serious and unreasonable interference with your right to be left alone. Your lawsuit should also include a separate cause of action (claim) for intentional infliction of emotional distress. Well specifically for emotional distress, you could sue the boy, but given that he's a minor and (likely) has no assets it would be somewhat pointless. ... (25M) was arrested for unknown reasons 15 minutes after leaving, on foot, from my dads house to visit a neighbor. The arresting officer said that when he arrested him he was completely sober. Gail Hathaway, left, speaks to the Workforce Solutions Alamo board at the start of a board meeting in November 2016. The board fired Hathaway, who then sued the organization for breach of contract. However, there are situations in which injured workers can sue for emotional distress outside of the workers' comp system. It's important to talk about your options with an experienced lawyer before making any assumptions about your rights. An experienced Bakersfield personal injury attorney at The Law Offices of Mickey Fine can help. A Seattle woman's neighbor sued claiming her dog's loud barking had caused "profound emotional distress." The neighbor won $500,000 in the form of a default judgment. The attorneys at Allen & Allen have experience when it comes to cases involving man’s best friend. If your dog has been injured due to the negligence of another, or you have suffered a dog bite due to a negligent dog owner, call Allen & Allen today, at 866-388-1307. Gap insurance: What is it?. The Seagrave case involved a neighbor who intentionally shot a golden retriever secured in an enclosed backyard by positioning a high-powered pellet rifle through the fence. Plaintiff also pled claims for intentional infliction of emotional distress and violation of CA CIVIL § 3340 , related to damages to animals). Negligence. Answer (1 of 4): Really need more information about the situation and jurisdiction to be able to give any useful advice. I have been involved in a situation where a family was caused emotional distress by a landowner and their agent but it was entirely their own fault. My Aunt was a warm, kind. As such you cannot be held accountable.. Some people may try, or threaten in hope of a settlement. However, there is one point to remember. Malicious prosecution is an intentional tort, and if someone unsuccessfully sues you , you can in turn sue them. For attorney fees, lost wages, and emotional distress. By ERIC FREEDMAN Capital News Service LANSING — The owners of a dog shot and seriously wounded by a Corrections Department investigator can sue the state for emotional distress and mental anguish damages under federal civil rights law, a judge has ruled. U.S. District Judge Gershwin Drain rejected the state's argument that the owners, Erica []. A claim for intentional infliction of emotional distress must be based on conduct so outrageous and extreme as to go “beyond all possible bounds of decency,” a. Yet if your recovery is taxable, the type of deduction you can claim for the legal fees can vary materially. This trap occurs frequently. Suppose you settle a suit for intentional infliction of emotional distress against your neighbor for $100,000, and your lawyer keeps 40 percent, or $40,000. You might think that you would have $60,000 of income. . Small Claims Court is also not a venue for tenants to sue their landlord for emotional distress, harassment, or violations of law that do not have specific monetary damages associated with them. Tenants cannot recover wages lost as a result of the landlord’s actions, but they can include the cost of the filing fee. Jurors came back with an award of $15,500. Of that, $6,000 was for economic damages and $9,500 for emotional distress. The jury found the homeowners association to be 60 percent responsible for the emotional distress damages, Bonesteel said, while the management company, the owner and the tenants were held liable to lesser degrees. Neighbor Disputes. Unless you live on hundreds of acres of land, you have probably had to deal with neighbors in some capacity. In most cases, neighbors are not family members or friends, yet instead tend to come from multiple backgrounds. Often these differences in lifestyle, socioeconomic level, misunderstandings, and other factors may lead. malicious injury to a pet can support a claim for, and be considered a factor in measuring a person's emotional distress damages.” [287] [ 2011 Update: In Sherman v. Kissinger , 146 Wash. App. 855, 862, 195 P.3d 539, 543 (Wash. Ct. App. 2008), as amended (Nov. 18, 2008), a dog owner sued a veterinarian and the veterinary hospital for. You can get a protective order against him. If it is entered, then it would be a crime if he tried contacting you. If you sued for emotional distress, you still have to suffer some kind of injury. In all civil claims, you are seeking for damages. So if you have been injured, then you could have an action against him. You can sue your neighbor for invasion of privacy for the video camera surveillance of your property. Invasion of privacy is a serious and unreasonable interference with your right to be left alone. Your lawsuit should also include a separate cause of action (claim) for intentional infliction of emotional distress. If you sue for intentional infliction of emotional distress, your recovery is taxed. ... Say you settle a suit for intentional infliction of emotional. Legal Headaches: Can Tenants Sue Their Landlord for Annoyance or Emotional Distress Concerning a Property’s Condition?The Arizona Residential Landlord and Tenant Act, A.R.S. § 33–1301 et seq., (the “Act”), provides a comprehensive framework regulating the rights and responsibilities of landlords and tenants under a lease. In some jurisdictions, there is a decibel limit for sounds in a neighborhood. If a neighbor exceeds that decibel level limit with their activity or noise, they can be found guilty of disturbing the peace. Disturbing the peace is a minor criminal offense which is typically punished by a fine. In some jurisdictions, noise ordinances, or. Examples of neighbor harassment Other claims put forth by the suit include disparate treatment based on gender discrimination, defamation, slander and libel Police on Long Island, New York, are investigating a Black resident's allegations that she has been racially harassed by neighbors for about three years, with feces and dead squirrels thrown in her. This neighbor is suing him for $5,000 and alleges similar behavior to the first plaintiff. The document says that "Mr. Hillman's behavior interferes with the quiet enjoyment of my property due to. malicious injury to a pet can support a claim for, and be considered a factor in measuring a person's emotional distress damages.” [287] [ 2011 Update: In Sherman v. Kissinger , 146 Wash. App. 855, 862, 195 P.3d 539, 543 (Wash. Ct. App. 2008), as amended (Nov. 18, 2008), a dog owner sued a veterinarian and the veterinary hospital for. I don’t think it can be called racism. They probably did exactly the same things when the prior residents lived in your home. Contact your landlord and tell them about the issue, may be they can actually handle it for you. If you feel like it’s harassment, do the video taping and sue her for harassment and emotional distress. UM/UIM coverage can be purchased separately, but are often packaged together. The cost and coverage varies from state to state and from policy to policy. Generally speaking, uninsured and underinsured motorist coverage will cost an additional 5% from your current annual auto insurance premium. Coverage can range anywhere from $5,000 to over $1. Sample: Emotional Distress Calculation for Mild to Moderate Injury. If your economic damages add up to $2,000, you can add 1.5 times that amount ($3,000) to account for your non-economic damages. Your total demand for compensation will be $5,000. The more serious the injuries, the higher the multiple. Well specifically for emotional distress, you could sue the boy, but given that he's a minor and (likely) has no assets it would be somewhat pointless. ... (25M) was arrested for unknown reasons 15 minutes after leaving, on foot, from my dads house to visit a neighbor. The arresting officer said that when he arrested him he was completely sober.


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There is a wide range of reasons to sue your landlord for negligence. Some of these reasons include housing discrimination, illegally keeping your security deposit, and allowing a unit to fall into an uninhabitable state. If you find yourself struggling to resolve one of the following issues with your landlord, it may be time to take legal action. Non-economic damages are non-quantifiable expenses such as pain and suffering, loss of companionship, and other emotional costs. Punitive damages are reserved for personal injury cases where the culpable party’s actions were so reckless or egregious as to warrant additional penalties. These damages are meant to punish the responsible party. Wingnut sez it's for the practice of witchcraft. Dunno torts, but they sound yummy. Trying to make sense of this will get nowhere. Guys a bedbug, he hates my buddy (who I'd imagine is a decent neighbor and isn't even home much) and is the sort of person who, if he takes exception to you, will sue your ass for fucking the easter bunny, hiring ETs to do your. Types of Damages. There are three general types of damages you can sue for in a personal injury case: general, special, and punitive. Both general and special damages are compensatory damages. General damages compensate the victim for non-economic losses like emotional distress and pain & suffering. Emotional distress: a common result of misuse of private information. 13.20 Where a breach of confidence in relation to personal confidential or private information has already occurred and an injunction is futile, the consequence that a plaintiff is most likely to suffer is emotional distress. Professor Michael Tilbury has noted that 'the. Types of Damages. There are three general types of damages you can sue for in a personal injury case: general, special, and punitive. Both general and special damages are compensatory damages. General damages compensate the victim for non-economic losses like emotional distress and pain & suffering. No, you cannot sue for emotional distress in small claims court, only for physical or monetary losses (e.g. damage to a car; breach of contract). You'd have to sue in municipal, county, or state court. Also, be aware that it is *very* difficult to make out a claim for emotional distress. First, the infliction of the distress must generally be. To prove a claim for intentional infliction of emotional distress in California a plaintiff must prove that: The defendant’s conduct was outrageous, The conduct was either reckless or intended to cause emotional distress; and; As a result of the defendant’s conduct the plaintiff suffered severe emotional distress. 1; 2. In this case, your neighbor’s loud music is not considered outrageous or extreme, so you would not be able to win a lawsuit based on intentional infliction of emotional distress. If you are wronged by your neighbor, you can sue them. If they are playing loud music and it has disturbed you and your family, then you can sue them for intentional. Suing an airline is a complex process that requires the assistance of a highly skilled personal injury lawyer. If other people suffered damages in the same or similar incident with the same airline, you may be able to initiate or join a class action lawsuit. If a class action lawsuit exists, you will have a better chance of recovering damages. Take precaution with your property and how it could affect your neighbor. Harassment - You are frustrated beyond means with your neighbor’s unruly child, dog or maybe it is even your neighbor himself. Keep your snide digs to yourself. If you threaten, harass, or say anything that could cause them grief or mental anguish you could find. What can I do if someone is spreading rumors and causing emotional distress to my family? ... anywhere she might. This has caused severe emotional trauma to me and others in my family. Can this be a suable situation? 04/29/2009 | Category: Civil Actions » Defamation | State: Ohio | #16397 Answer: Slander is a type of defamation, a false. neighbor include battery, harassment, intentional infliction of emotional distress,negligence, nuisance, and trespass. At least two courts in California have been open to claims brought against a neighbor for harms caused by drifting tobacco smoke. In 1996, a Los Angeles couple sued their neighbor for harassment because.


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