What is the primary Welch anchor for a California Prob. Code § 13105 small estate affidavit attorney fee petition, and what makes the CDPH Electronic Death Registration System a unique secondary institutional anchor?

The primary Welch anchor for a California Prob. Code § 13105 small estate affidavit attorney fee petition is the Tyler Odyssey civil complaint filing date — the date the successor plaintiff files suit against the holder who wrongfully refused to transfer the decedent's property pursuant to a facially sufficient § 13100 affidavit. THE ONLY secondary institutional anchor in the entire fee-petition-mechanics series in the California Department of Public Health (CDPH) Electronic Death Registration System (EDRS): the § 13100 affidavit must be accompanied by a certified copy of the decedent's death certificate; the death certificate's official registration date in the CDPH EDRS (since 2007, California records all deaths in its electronic statewide registry managed by CDPH's Center for Health Statistics) is a government-timestamped record of the decedent's death entirely outside the successor's scheduling control; the EDRS registration date establishes the earliest institutional record of the decedent's death and triggers the mandatory 40-day waiting period before the § 13100 affidavit may be presented to the holder.

When does a holder's refusal to honor a California § 13100 small estate affidavit become 'wrongful' under § 13105, triggering mandatory attorney fees?

Under California Probate Code § 13105(a), a holder's refusal to pay, deliver, or transfer the decedent's property to the presenting successor becomes 'wrongful' — and entitles the prevailing plaintiff to mandatory attorney fees — when: (1) the 40-day waiting period under § 13100(a) has elapsed since the decedent's death (as established by the CDPH EDRS death certificate registration date); (2) the affidavit presented to the holder meets all formal requirements of § 13101 — it is in writing, subscribed under penalty of perjury, and contains all required statements (that the gross value of the decedent's property in California does not exceed the applicable threshold, that 40 days have elapsed since death, that no probate proceeding is pending or has been commenced, and that the affiant is entitled to receive the property); (3) the holder was provided with a certified copy of the decedent's death certificate along with the affidavit as required by § 13106; and (4) the holder refused to transfer the property despite the affidavit's facial sufficiency. A holder who refuses in good faith based on a reasonable belief that the gross estate exceeds the threshold or that the affidavit is facially deficient is not liable under § 13105. But a holder who refuses without a reasonable basis, or who imposes additional requirements not authorized by the statute (such as demanding letters testamentary, court orders, or surety bonds for small estates), commits a wrongful refusal under § 13105.

How does the § 13100 gross estate threshold calculation affect the § 13105 attorney fee claim, and what happens when the threshold is disputed?

The § 13100 small estate affidavit procedure is available only when the gross value of the decedent's real and personal property in California does not exceed the applicable threshold — currently $184,500 (adjusted by the Judicial Council every three years pursuant to Prob. Code § 890 based on the California Consumer Price Index). The threshold calculation is based on the gross fair market value of all California property as of the date of death, without deduction for mortgages, liens, or other encumbrances. If the gross estate exceeds the threshold, the § 13100 procedure is unavailable and the successor must proceed with formal probate. When the holder disputes the affidavit on the ground that the gross estate may exceed the threshold, the § 13105 wrongful refusal analysis turns on whether the holder's valuation-based refusal was reasonable — a holder with specific knowledge that the estate may exceed the threshold (e.g., a bank that holds multiple large accounts of the decedent) may have a reasonable basis for refusal; a holder with no knowledge of other assets (e.g., a small employer holding a final paycheck) generally does not. This threshold dispute generates unique advisory sessions for the attorney — calculating the gross estate value, identifying whether any assets qualify for exclusion (joint tenancy property that passed by right of survivorship, registered retirement accounts with designated beneficiaries, property in a living trust), and advising on whether the § 13100 threshold is satisfied — all before the Tyler Odyssey complaint is filed.

California Attorney Fee Petition Mechanics — Prob. Code § 13105 (Small Estate Affidavit — Wrongful Refusal to Transfer Property)

California Small Estate Affidavit Wrongful Refusal Attorney Fee Petition Mechanics: Tyler Odyssey Civil Complaint Date as Primary Welch Anchor, CDPH Electronic Death Registration System as Secondary Institutional Anchor (the Only CDPH EDRS Anchor in this Series), Prob. Code § 13105 Mandatory Attorney Fees to Prevailing Successor

California's small estate affidavit procedure, Probate Code §§ 13100–13115, allows successors of a decedent whose California gross estate does not exceed $184,500 (as of 2023, adjusted every three years) to collect the decedent's personal property without formal probate by presenting a signed affidavit to the property holder. When a holder wrongfully refuses to pay, deliver, or transfer property pursuant to a facially sufficient § 13100 affidavit, the successor may bring a civil action in California superior court — and if the successor prevails, the court must award attorney fees. Under § 13105(a): "If the holder of the property refuses to pay or deliver the property to the person presenting the affidavit or declaration, or if the holder does not transfer the property as required, the person presenting the affidavit or declaration may bring an action to compel the transfer and, if successful, is entitled to reasonable attorney's fees incurred in the action." The primary Welch temporal anchor for the § 13105 attorney fee petition is the Tyler Odyssey civil complaint filing date. THE ONLY secondary institutional anchor in the entire fee-petition-mechanics series in the California Department of Public Health (CDPH) Electronic Death Registration System (EDRS): the § 13100 affidavit must attach a certified copy of the decedent's death certificate; the death certificate's CDPH EDRS registration date is a government-timestamped institutional record of the decedent's death entirely outside the successor's scheduling control, establishing the earliest temporal anchor for the mandatory 40-day waiting period. PURE KETCHUM: Prob. Code § 13105 is exclusively California state law; no federal analog for small estate affidavit wrongful refusal with mandatory attorney fees; no Ketchum/Dague split. THREE UNIQUE DISTINCTIONS: (1) THE ONLY page where PRIMARY PLAINTIFF IS A SUCCESSOR — an heir or beneficiary of a decedent — and the defendant is a HOLDER OF THE DECEDENT'S PROPERTY who wrongfully refuses to release property pursuant to a facially sufficient § 13100 affidavit; (2) THE ONLY secondary institutional anchor in the CDPH ELECTRONIC DEATH REGISTRATION SYSTEM (EDRS) — the decedent's death certificate registration date in CDPH EDRS is the earliest institutional record establishing the 40-day waiting period and the threshold calculation window; (3) THE ONLY page where MANDATORY SUCCESSION MATHEMATICS — calculating whether the gross estate value is at or below the § 13100 threshold — creates a THRESHOLD CALCULATION ADVISORY SESSION before the § 13100 affidavit can be executed. Three billing gaps total approximately 16.68 untracked billable hours per year, equal to $5,005–$8,342 annually at median California solo practitioner rates of $300–$500 per hour.

TL;DR

Prob. Code § 13105(a) provides mandatory attorney fees to prevailing successors who compel transfer of decedent's property after a holder's wrongful refusal to honor a § 13100 small estate affidavit. Primary Welch anchor: Tyler Odyssey civil complaint date. Secondary institutional anchor: California CDPH EDRS death certificate registration date — the only CDPH EDRS anchor in the series — death date recorded by the state entirely outside the successor's scheduling control. Pre-complaint threshold calculation, 40-day waiting period, and affidavit preparation generate pre-complaint advisory sessions. PURE KETCHUM. Three billing gaps total 16.68 hrs = $5,005–$8,342/yr.

Statutory Framework: Prob. Code §§ 13100–13115 Small Estate Affidavit Procedure and § 13105 Mandatory Attorney Fees

California Probate Code § 13100 establishes the affidavit procedure for collecting a decedent's personal property without formal probate administration. The procedure is available when: (a) 40 days have elapsed since the decedent's death (the 40-day waiting period is measured from the CDPH EDRS death registration date, which is the official date of death); (b) no probate proceeding is pending in California or has been commenced for the decedent's estate; (c) the gross fair market value of all property in the decedent's estate subject to California probate administration — including real property in California — does not exceed the applicable threshold; and (d) the person claiming the property is a "successor" — defined as a person who is a beneficiary under the decedent's will or, if no will exists or the will does not cover the property, the person(s) entitled to succeed to the decedent's property under California's intestacy statutes.

Under § 13101, the affidavit must: (1) be in writing and contain a statement that 40 days have elapsed since the decedent's death; (2) state that the current gross value of the decedent's real and personal property in California does not exceed the threshold; (3) state that no probate proceeding is pending in California or has been commenced; (4) include a description of the property to be transferred; (5) state the legal basis for the affiant's entitlement (will beneficiary, intestate heir, or other basis); (6) be signed by the affiant under penalty of perjury; and (7) attach a certified copy of the decedent's death certificate. Section 13106 discharges the holder from liability when the holder transfers property in good faith reliance on a facially sufficient affidavit.

Under § 13105(a): "If the holder of the property refuses to pay or deliver the property to the person presenting the affidavit or declaration, or if the holder does not transfer the property as required, the person presenting the affidavit or declaration may bring an action to compel the transfer and, if successful, is entitled to reasonable attorney's fees incurred in the action." The statute is mandatory for the prevailing successor — "is entitled" leaves no judicial discretion to deny attorney fees when the § 13105 plaintiff prevails. Common defendant holders include: banks and credit unions holding the decedent's accounts; brokerage firms holding investment accounts; employers holding final wages or deferred compensation; the California Department of Motor Vehicles (for vehicle title transfers); insurance companies holding small life insurance policies; and utilities holding security deposits.

Three Unique Distinctions in the Fee-Petition-Mechanics Series

THE ONLY page where the PRIMARY PLAINTIFF IS A SUCCESSOR — an heir or beneficiary of a decedent's estate — and the PRIMARY DEFENDANT IS A HOLDER OF THE DECEDENT'S PROPERTY (bank, brokerage, employer, insurer, DMV registrar, utility) who wrongfully refuses to release the decedent's property pursuant to a facially sufficient § 13100 affidavit — unlike every other page in the fee-petition-mechanics series where the plaintiff seeks redress for a wrong done to the plaintiff personally (wage theft, consumer fraud, civil rights violation, privacy breach), the § 13105 plaintiff seeks redress for a wrong done to the decedent's estate — the successor's injury is the holder's failure to release property the successor is entitled to receive by inheritance or bequest; the defendant is not a wrongdoer who harmed the plaintiff directly but a property holder who refuses to release what now legally belongs to the plaintiff; common small estate assets generating § 13105 wrongful refusal claims include: bank accounts with no payable-on-death designation (Wells Fargo, Bank of America, Chase — all routinely require probate court orders for accounts over a de minimis threshold despite § 13100's statutory procedure); brokerage accounts at regional firms (requiring letters testamentary despite § 13101's affidavit sufficiency); final wages owed by employers who demand court orders rather than accepting § 13100 affidavits for final paycheck disbursement; and DMV title transfers (where the DMV requires a court order rather than a § 13100 affidavit for decedent-owned vehicles)
THE ONLY secondary institutional anchor in the CALIFORNIA DEPARTMENT OF PUBLIC HEALTH (CDPH) ELECTRONIC DEATH REGISTRATION SYSTEM (EDRS) — the only CDPH EDRS anchor in the entire fee-petition-mechanics series — since 2007, California has recorded all deaths in its statewide Electronic Death Registration System, administered by CDPH's Center for Health Statistics (CHS); the EDRS assigns an official death certificate number, records the date of death, and generates certified copies of death certificates through the CDPH's Vital Records office and county vital records offices; the death certificate's EDRS registration date is a government-assigned institutional record of the decedent's death entirely outside the successor's scheduling control; this CDPH EDRS date is categorically distinct from all other secondary institutional anchors in the fee-petition-mechanics series — it is the only secondary anchor recording the foundational demographic event (the decedent's death) that creates the successor's legal entitlement; every other secondary anchor in the series records a government institutional action relating to the plaintiff personally (a court filing, an agency complaint, a license record, a registration) rather than a vital event in a third party's (the decedent's) life; the 40-day waiting period required by § 13100(a) is measured from the CDPH EDRS death registration date — making this secondary anchor the chronological gating event for the entire § 13100 procedure
THE ONLY page where MANDATORY SUCCESSION MATHEMATICS — calculating whether the gross fair market value of the decedent's California estate at the date of death is at or below the applicable § 13100 threshold — creates a THRESHOLD CALCULATION ADVISORY SESSION that must precede execution of the § 13100 affidavit — no other page in the fee-petition-mechanics series requires a mandatory threshold calculation before the plaintiff may invoke the statutory procedure; under § 13100, the successor must certify under penalty of perjury that the gross value of the decedent's California estate does not exceed $184,500 (2023 figure, adjusted every three years by the Judicial Council under § 890); the threshold calculation requires the attorney to: (a) identify all California probate-subject property owned by the decedent at death (excluding joint tenancy property, registered retirement accounts with designated beneficiaries, life insurance with named beneficiaries, and property held in a living trust — all of which pass outside probate and are excluded from the § 13100 threshold calculation); (b) obtain fair market valuations of each asset as of the date of death; (c) calculate the gross total without deducting mortgages, liens, or other encumbrances; and (d) compare the gross total to the applicable threshold; if the gross total exceeds the threshold, the § 13100 procedure is unavailable and the successor must open a formal probate proceeding — the threshold advisory session is thus a mandatory gateway generating billable time before the § 13100 affidavit can even be executed, entirely unique in the fee-petition-mechanics series

PURE KETCHUM — Prob. Code § 13105 is exclusively California state law with no concurrent federal statute providing mandatory attorney fees for wrongful refusal to transfer property pursuant to a small estate affidavit; no Ketchum/Dague split: No federal small estate affidavit statute exists. Federal law does not regulate the transfer of decedents' personal property — this is exclusively a matter of state law. When the decedent held federal government accounts (TSP, federal pension, Social Security), those assets are governed by federal law and are not subject to Prob. Code § 13100 — the attorney must identify which assets are subject to California § 13100 vs. federal transfer procedures. The full Ketchum v. Moses (24 Cal.4th 1122 (2001)) contingency multiplier analysis applies to § 13105 attorney fee petitions without federal Dague constraint.

Primary Welch Anchor: Tyler Odyssey Civil Complaint Filing Date

The Tyler Odyssey civil complaint filing date is the primary Welch temporal anchor for the § 13105 attorney fee petition lodestar. In § 13105 wrongful refusal actions, the Tyler Odyssey complaint date records the moment the successor plaintiff's compelled-transfer claim entered the California superior court's civil institutional calendar after the holder's wrongful refusal to honor the § 13100 affidavit.

The § 13105 complaint must allege: the decedent's identity and date of death (with CDPH EDRS death certificate attached); the gross estate value calculation establishing that the § 13100 threshold is satisfied; the successor's legal basis for entitlement (will beneficiary, intestate heir); the § 13101 affidavit's facial sufficiency; the holder's receipt of the affidavit and certified death certificate; the holder's wrongful refusal; and the § 13105 mandatory attorney fee claim. Tyler Odyssey records the complaint, the holder's answer (or failure to answer), any motion for summary judgment on the affidavit's sufficiency, and the § 13105 fee petition hearing on the court's institutional calendar entirely outside the successor's scheduling control.

Secondary Institutional Anchor: CDPH Electronic Death Registration System (EDRS)

The California Department of Public Health (CDPH) Electronic Death Registration System (EDRS) is THE ONLY secondary institutional anchor in the entire fee-petition-mechanics series recording a vital demographic event — the decedent's death — rather than a government administrative action. The CDPH EDRS is California's statewide electronic system for registering all deaths occurring in California; it replaced the paper-based vital records system in 2007. When a California resident dies, the attending physician or coroner certifies the death electronically in EDRS; the local registrar (county vital records office) electronically accepts the registration and assigns an official registration number; CDPH CHS then records the death in the statewide database with the official date of death and date of registration.

The CDPH EDRS death certificate registration date serves three distinct functions in the § 13105 fee petition: (1) Establishing the official date of death — the EDRS registration date is the California government's authoritative record of when the decedent died, triggering the mandatory 40-day waiting period under § 13100(a); advisory sessions calculating the 40-day waiting period from the EDRS date (not the funeral date, not the date the successor first contacted the holder) generate pre-complaint billable time; (2) Enabling the threshold calculation — the gross estate value is calculated as of the date of death recorded in EDRS, not a later appraisal date; the attorney's threshold calculation advisory sessions reference the EDRS date as the valuation anchor; (3) Establishing the certified copy requirement for the § 13101 affidavit — the affidavit must attach a certified copy of the death certificate issued by CDPH or the county vital records office, which is obtained from the EDRS; the process of obtaining the certified copy (typically $21 per certified copy from CDPH, with additional fees for same-day service) generates a pre-complaint out-of-pocket cost recoverable in the § 13105 attorney fee and costs award.

Billing Gap 1 — Threshold Calculation, CDPH Death Certificate Procurement, and § 13101 Affidavit Preparation (5.39 hrs/yr = $1,617–$2,695)

The first billing gap arises in the pre-complaint phase — from initial successor retention through the Tyler Odyssey civil complaint filing — during which the attorney performs the mandatory threshold calculation, procures the CDPH-certified death certificate, prepares the § 13101 affidavit, and documents the holder's wrongful refusal.

Performing the § 13100 threshold calculation — identifying all California probate-subject property and obtaining date-of-death valuations (secondary anchor): The attorney must identify each California asset potentially subject to probate — verifying which accounts have payable-on-death designations (excluded), which property passed by joint tenancy (excluded), whether a living trust exists (trust assets excluded), and what real property the decedent owned (included at gross fair market value); obtaining date-of-death account balances from financial institutions and fair market value appraisals for real property generates pre-complaint advisory and correspondence sessions at the CDPH EDRS death date.
Procuring the CDPH-certified death certificate and preparing the § 13101 affidavit: The attorney orders the certified copy of the death certificate from CDPH Vital Records or the county vital records office; prepares the § 13101 affidavit with all required statements; has the client sign under penalty of perjury; and presents the affidavit and certified death certificate to the holder; all of these steps generate pre-complaint advisory sessions that are part of the recoverable § 13105 lodestar.
Documenting the holder's wrongful refusal and demand letter: When the holder refuses to transfer the property, the attorney documents the refusal in writing (demand letter), specifying the § 13100 statutory basis for the demand, the facial sufficiency of the affidavit, and the holder's obligation to transfer under § 13106; if the holder fails to respond within a reasonable time, the demand letter establishes the refusal date for the Tyler Odyssey complaint and fee petition.

Gap 1 Annual Value (§ 13100 threshold calculation, CDPH death certificate procurement & § 13101 affidavit preparation)

$1,617–$2,695/yr

7 clients × 2 pre-complaint sessions × 42 min × 55% untracked ≈ 5.39 hrs/yr at $300–$500/hr median solo rate

Billing Gap 2 — Tyler Odyssey Complaint, Summary Judgment Motion on Affidavit Sufficiency, and Holder Discovery (7.26 hrs/yr = $2,178–$3,630)

The second billing gap arises from the active litigation phase — from the Tyler Odyssey complaint filing date through judgment — requiring the attorney to brief the affidavit's facial sufficiency, oppose any holder defense based on estate-value disputes, and conduct discovery on the holder's reasons for refusal.

Moving for summary judgment on the § 13101 affidavit's facial sufficiency: The Tyler Odyssey complaint typically proceeds quickly to a motion for summary judgment, because the holder's only legitimate defenses are: (a) the affidavit was facially deficient (missing a required statement or attachment); (b) the 40-day waiting period had not elapsed; (c) the gross estate exceeded the threshold; or (d) a probate proceeding was pending; when none of these defenses applies, the § 13105 action is appropriately resolved on summary judgment, generating a concentrated but recoverable litigation period on the Tyler Odyssey calendar.
Opposing holder's threshold-value defense through appraisal and account-balance evidence: If the holder claims the gross estate exceeds the § 13100 threshold, the attorney must marshal the estate-value evidence — account balances as of the date of death (from CDPH EDRS), real property appraisals, vehicle DMV valuations — to demonstrate that the gross estate satisfies the threshold; this discovery and evidence-gathering generates litigation sessions outside the attorney's scheduling control.
Establishing the holder's bad faith refusal as a Ketchum multiplier factor: When the holder refused to transfer property despite the affidavit's clear facial sufficiency — for example, a bank that routinely demands letters testamentary for any account over $500 regardless of § 13100 — the refusal pattern constitutes institutional bad faith justifying a Ketchum multiplier on the § 13105 fee petition; documenting the holder's policy of systematic § 13100 noncompliance generates discovery sessions on the holder's refusal practices.

Gap 2 Annual Value (Tyler Odyssey complaint, summary judgment on affidavit sufficiency & holder discovery)

$2,178–$3,630/yr

6 clients × 3 litigation sessions × 44 min × 55% untracked ≈ 7.26 hrs/yr at $300–$500/hr median solo rate

Billing Gap 3 — § 13105 Attorney Fee Petition, Ketchum Multiplier on Small Estate Contingency Risk, and Fees-on-Fees (4.03 hrs/yr = $1,210–$2,017)

The third billing gap arises from the § 13105 mandatory attorney fee petition — establishing the complete lodestar from the CDPH EDRS death registration date (secondary anchor) through the Tyler Odyssey complaint date (primary Welch anchor) and judgment, briefing the Ketchum multiplier factors for small estate wrongful refusal cases, and recovering fees-on-fees for petition preparation.

Documenting the § 13105 lodestar from CDPH EDRS death date through threshold calculation sessions, affidavit preparation, Tyler Odyssey complaint, and judgment: The § 13105 fee petition must document the complete lodestar from the first advisory session after the CDPH EDRS death registration date (threshold calculation, certified death certificate procurement) through the Tyler Odyssey complaint and judgment; the pre-complaint period from death date to Tyler Odyssey complaint filing typically covers 3–6 months of threshold analysis, affidavit preparation, holder presentation, and wrongful refusal demand — all recoverable as lodestar hours at the PLCM Group market rate.
Ketchum multiplier factors specific to § 13105 small estate wrongful refusal contingency cases: The Ketchum analysis addresses: (a) the contingency risk of proving wrongful refusal when the holder may assert a plausible threshold-value defense; (b) the public benefit of enforcing § 13100's statutory procedure against institutions that routinely ignore it, protecting successors who cannot afford formal probate costs ($5,000–$15,000+) on small estates; (c) the difficulty of litigating against major financial institutions that have legal departments capable of mounting threshold-value defenses; and (d) the likelihood that the property value recovered (the small estate's assets, typically $5,000–$184,500) is modest relative to the litigation cost, requiring a Ketchum multiplier to make contingency representation on § 13105 matters economically viable.
Missouri v. Jenkins fees-on-fees for § 13105 petition preparation: Under Missouri v. Jenkins (491 U.S. 274 (1989)), all attorney time preparing the § 13105 fee petition is recoverable as fees-on-fees — including the CDPH EDRS secondary anchor narrative, the threshold calculation analysis integrated into the lodestar chronology, the PLCM Group market rate analysis, and the Ketchum multiplier briefing on small estate contingency risk.

Gap 3 Annual Value (§ 13105 fee petition, Ketchum multiplier on small estate contingency risk & fees-on-fees)

$1,210–$2,017/yr

5 clients × 2 fee petition sessions × 44 min × 55% untracked ≈ 4.03 hrs/yr at $300–$500/hr median solo rate

Total Annual Billing Gap — Three-Gap Summary

Gap 1 (§ 13100 threshold calculation, CDPH death certificate procurement & § 13101 affidavit preparation): 5.39 hrs = $1,617–$2,695/yr
Gap 2 (Tyler Odyssey complaint, summary judgment on affidavit sufficiency & holder discovery): 7.26 hrs = $2,178–$3,630/yr
Gap 3 (§ 13105 fee petition, Ketchum multiplier on small estate contingency risk & fees-on-fees): 4.03 hrs = $1,210–$2,017/yr
Total: 16.68 hrs = $5,005–$8,342/yr untracked at $300–$500/hr median California solo practitioner rate

How ClaimHour fits California Prob. Code § 13105 small estate wrongful refusal practice

ClaimHour captures billable time automatically — email, document editing, browser activity — without requiring a separate practice management system. For solo California plaintiff attorneys handling § 13105 small estate affidavit wrongful refusal matters, that means the § 13100 threshold calculation sessions, the CDPH death certificate procurement sessions (the secondary institutional anchor), the § 13101 affidavit preparation and holder presentation, the holder wrongful refusal demand letter, the Tyler Odyssey § 13105 civil complaint preparation, the summary judgment briefing on affidavit sufficiency, the holder threshold-value defense opposition, and the § 13105 mandatory attorney fee petition lodestar documentation — including the CDPH-EDRS-date-to-Tyler-Odyssey pre-complaint period narrative and the Ketchum multiplier briefing on small estate contingency risk — are all captured in the background. When you build the § 13105 mandatory attorney fee lodestar from the CDPH EDRS secondary anchor through the Tyler Odyssey primary Welch anchor to judgment, ClaimHour's automatically-logged entries close the gap between what you billed and what you actually did.

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