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SC-104: Proof of Service (Small Claims)

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California (statewide, Judicial Council form, accepted in every Superior Court small claims division) · Filed at least 5 days before the hearing.

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    What is SC-104?

    Documents that a non-party adult personally handed (or substitute-served and mailed) the small claims paperwork to each defendant. Required after every SC-100 plaintiff's claim or SC-120 defendant's claim. One SC-104 per person served.

    What happens if you miss the deadline: If the proof is not on file at the time of the hearing, the judge usually has to continue the case (or dismiss the plaintiff's claim against the unserved defendant). You lose your hearing date.

    How to file

    Filing fee
    SC-104 carries no filing fee. It attaches to the small claims case file at no cost. The only fee in the case is the SC-100 (or SC-120) filing fee, which scales by claim amount ($30 / $50 / $75 under Gov. Code § 70613).
    Filing method
    in-person, mail, efile (county-specific where the small claims division accepts electronic filing)
    Filing deadline
    The completed SC-104 must be on file with the clerk at least 5 days before the hearing date (Code Civ. Proc. § 116.340(c)); CCP § 116.340(b) sets the upstream personal-service deadline (15 days in-county / 20 days out-of-county before the hearing). For substituted service, the underlying service event must happen far enough in advance that the 10-day mailing completion period (CCP § 415.20(b)) ends before the proof is due. Practical rule: substituted service no later than 25 days before the hearing for in-state defendants. File one SC-104 per defendant served.
    How to serve
    Not applicable. SC-104 is itself the proof of service for a different paper (SC-100, SC-120, or an order for examination). The signed original is filed with the small claims clerk; opposing parties are not separately served with the proof.
    Wet signature
    Yes, sign in pen after printing.
    Notarization
    No
    Original and copies
    One signed original to the clerk for each defendant served. Filers commonly bring one extra copy per proof for date-stamping; the conformed copy returns to the filer for their records.

    Common pitfalls

    SC-104's filing meta differs from a substantive pleading. The takeaways for review: no fee, no separate service, wet signature required for the perjury declaration under CCP § 2015.5, and a hard 5-day-before-hearing filing deadline that drives this form's urgent_deadline=true classification. Without the proof on file, the small claims judge typically continues the case or dismisses against the unserved defendant.

    Don't memorize the rules. Ezel walks you through SC-104 field by field, flags what the AI review treats as a blocker, and renders a court-ready PDF.

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    You'll likely also file

    Other Ezel-supported forms that commonly file alongside SC-104. Each one has its own guided fill, AI review, and PDF render.

    SC-100
    Plaintiff's Claim and ORDER to Go to Small Claims Court
    Plaintiff's Claim and ORDER to Go to Small Claims Court. SC-104 proves service of SC-100 on each defendant. Small-claims service rules under Code of Civil Procedure section 116.330 et seq. are stricter than general civil: CCP 116.330(a) bars the plaintiff (and any party-aligned person) from personally serving the SC-100 packet, so service must be by a non-party adult under CCP 116.340(a), the sheriff or marshal under Government Code section 26720, or a registered process server under Business and Professions Code section 22350. Allowed service methods: personal service under CCP 116.340(a)(1), substituted service under CCP 116.340(a)(2) (leave with a competent adult at the defendant's home or business, follow up with first-class mail within 5 days), or clerk-issued certified-mail return-receipt-requested under CCP 116.340(a)(4) with the signed return receipt filed with SC-104. Service must be completed at least 15 days before the hearing if the defendant resides inside the county where the case was filed, or at least 20 days before the hearing if the defendant resides outside the county (CCP 116.340(b)); the original SC-104 must be filed with the small-claims clerk at least 5 calendar days before the hearing under CCP 116.340(c). One SC-104 per defendant; multi-defendant cases need a separate proof for each. Defective SC-104 (server under 18, server a party, wrong address, substituted service with no follow-up mailing, certified mail with no return receipt on file) exposes any resulting SC-130 judgment to SC-135 vacatur within 180 days of the defendant's first learning of the judgment under CCP 116.740 (the long window), rather than 30 days under CCP 116.730 (the short window when service was proper).
    SC-135
    Notice of Motion to Vacate Judgment and Declaration (Small Claims)
    Notice of Motion to Vacate Judgment. SC-135 is the defendant's remedy when SC-104 service was defective; the small-claims service-of-summons rules at Code of Civil Procedure section 116.340 require one of four authorized methods: (a)(1) personal service on the defendant by a non-party adult under CCP 116.340(a)(1) cross to CCP 415.10; (a)(2) certified mail by the clerk on the plaintiff's written request under CCP 116.340(a)(2), with the defendant's signed return receipt required to perfect service under CCP 116.340(b) (an unreturned green card is not perfected service; the plaintiff must redo service personally or by an alternative method); (a)(3) sheriff or marshal personal service under CCP 116.340(a)(3) for a fee under Government Code section 26721 (statutory $40 base fee plus county add-ons under Gov. Code 26746); or (a)(4) any other method allowed in general civil cases under CCP 415.20(b) substituted (apparent-control adult at usual residence/business plus 10-day follow-up mail), CCP 415.30 acknowledgment-of-receipt with 20-day return window, CCP 415.40 out-of-state mail with return receipt requested, or CCP 415.50 publication by court order on a CCP 415.50(b) showing of due diligence. Any departure from those four tracks opens an SC-135 challenge under CCP 116.740 (lack-of-jurisdiction vacatur). CCP 116.740 extends the SC-135 vacatur window to 180 days from when the defendant first learned of the judgment if service did not comply with section 116.340; CCP 116.720(a)'s 30-day window from clerk mailing of SC-130 (Notice of Entry of Judgment) under CCP 116.610(b) applies only when service was proper and the defendant simply failed to respond or appear. CCP 116.745(a) imposes a $20 filing fee on SC-135 (FW-001 fee waiver available under Gov. Code 68632 means-tested-benefit, 125 percent FPG income, or financial hardship grounds, cross to CRC 3.55). The SC-135 declaration at item 5(b) targets the facts the plaintiff attested on the SC-104 in the court file: who was served (the defendant personally vs. a co-resident under CCP 415.20(b) apparent-control rule), the date and address of service (verified against the residence/business address on the SC-100 caption and any DMV/Skip-trace work-up), the method (personal under CCP 415.10, substituted under CCP 415.20(b) with the required 10-day mailed copy under CCP 415.20(b)(1)-(2), certified mail return receipt under CCP 116.340(a)(2), or any other), and whether substituted service had a timely follow-up mailing under CCP 415.20(b). A plaintiff who finalized SC-104 with a sloppy substituted-service entry at a non-residence (Ellard v. Conway 94 Cal.App.4th 540 (2001) (substituted at empty house defective); Bonita Packing Co. v. O'Sullivan 165 Cal.App.4th 1051 (2008) (CCP 415.20(b) apparent-control adult requirement)), a service date inconsistent with the trial date (CCP 116.340(b) 15-day or 20-day floor read with CCP 1167 for parallel UD context), a server-age line under 18 (CCP 414.10 18+ non-party rule, applied via CCP 116.340(a) cross-references), or a server who is a party to the action (CCP 1011 non-party rule; Black v. Sullivan 48 Cal.App.3d 557 (1975) (plaintiff-served service void)) is exposed to SC-135 vacatur even after winning at trial. SCRA 50 USC 3931 mandatory stay for active-duty service members applies if the SC-104 shows the defendant was a service member at the time of service and the plaintiff did not file the SCRA declaration confirming non-service-member status; the court must vacate any default judgment entered against a service member who did not appear on a renewed SC-135 motion under 50 USC 3931(g) and 3933. Re-service after SC-135 vacatur restarts the case on the same SC-100; a fresh SC-104 documents the corrected service, and the trial date is reset for at least 15 calendar days out (or 20 calendar days if defendant lives outside the county) under CCP 116.340(b), as opposed to the 30-day clerk hearing target of CCP 116.330(a) (clerk normally schedules within 30 to 70 days of filing, with 60-90 day range for out-of-county defendants). Defendant should also consider parallel-track relief: CCP 473(b) excusable-neglect set-aside available within 6 months of judgment entry for the defendant who appeared but failed to defend (Aldrich v. San Fernando Valley Lumber Co. 170 Cal.App.3d 725 (1985)), and CCP 473.5 set-aside available within 180 days of notice of judgment for the defendant whose lack-of-actual-notice claim is independent of any CCP 116.340 service defect.
    POS-030
    Proof of Service by First-Class Mail (Civil)
    Proof of Service by First-Class Mail. SC-104 is the small-claims-specific proof for the initial service of the SC-100 plaintiff's claim and order under Code Civ. Proc. section 116.340, which restricts who can serve the SC-100: (a)(1) sheriff or marshal, (a)(2) registered process server under Business and Professions Code section 22350, (a)(3) clerk-issued certified mail with signed return receipt requested (the simplest pro-se path; clerk does the mailing and the receipt comes back to the court file), or (a)(4) a non-party adult over 18 specially appointed by the court. CCP 116.340(b) bars the plaintiff or any party from serving the SC-100 personally; CCP 414.10 and 1011 codify the same age-and-non-party rule for civil service generally. POS-030 covers everything that comes after the initial SC-100 service: the SC-135 motion to vacate judgment (the plaintiff serves the opposition mailing by POS-030; the defendant's original SC-135 motion is filed and a clerk-mailed notice of hearing goes out under CCP 116.745), SC-133 Plaintiff's Statement of Claim After Court Conference (Order to Pay), SC-140 Request to Make Payments (defendant's installment-payment request after judgment), SC-145 Application and Order to Produce Statement of Assets (CCP 116.830 examination of debtor), SC-105 Defendant's Claim and Order to Plaintiff (counter-claim by defendant against plaintiff that is then served back on plaintiff via SC-104, not POS-030), SC-150 Notice of Appeal (defendant's trial-de-novo appeal under CCP 116.770 within 30 days of clerk's notice of entry of judgment), post-judgment correspondence to the debtor's address of record under CCP 685.040, and any other 'subsequent paper' under CCP 1010 to 1013(a). POS-030 service is by first-class mail with prepaid postage (CCP 1013(a) default), overnight delivery (CCP 1013(c) for 2-day extension), or electronic service after consent or e-filing-system registration (CCP 1010.6 and CRC rule 2.251); the server must be a non-party adult under CCP 1013(a) and CCP 1013a(3), so the plaintiff cannot mail-serve their own post-SC-100 papers. The signed proof is filed with the court for any motion or notice that requires proof of mailing. CCP 116.330 limits when mail service can substitute for personal service of the SC-100 itself to the CCP 116.340(a)(3) clerk-certified-mail track with signed receipt requirement; for post-judgment and post-appearance work that limitation is gone and POS-030 mail service under CCP 1013(a) is the default. The 5-day extension under CCP 1013(a) (10 days for out-of-state, 20 days for outside the U.S.) applies to any responding deadline triggered off the mailed paper; the 2-day extension under CCP 1010.6(a)(4) applies to electronic service deadlines. For service on a debtor whose address is unknown after diligent search, the plaintiff may move ex parte under CCP 415.50 for service-by-publication after submitting a CIV-100 / CIV-130 declaration of diligence; small-claims judgments typically allow this for SC-145 examination notices but courts are skeptical without rigorous diligence proof.
    EJ-130
    Writ of Execution
    Writ of Execution. After a small-claims plaintiff wins a money judgment and obtains EJ-130 from the clerk, the judgment creditor pursues asset-collection paperwork that must be personally served on the judgment debtor; SC-104 is the small-claims proof-of-service template that documents that personal service. The principal post-judgment papers SC-104 backs are SC-134 (Application and Order for Appearance and Examination) and, for larger judgments, AT-138; Code of Civil Procedure section 708.110(d) requires personal service of the examination order on the debtor at least 10 calendar days before the exam date, and CCP 708.170 makes the order itself contempt-backed if the debtor fails to appear, which is why first-class mail and substituted service under CCP 415.20(b) are explicitly insufficient. SC-104 must show the server was at least 18 and not a party to the action (CCP 1011), the exact date and address of personal service, and the specific paper served (write 'SC-134 Application and Order for Appearance and Examination' or 'AT-138' in the documents-served field). The creditor files the signed SC-104 with the small-claims clerk before the exam date so the file is complete; without SC-104 the court has no record on which to enforce attendance and the contempt remedy fails. The same SC-104 family is also used to service judgment-lien notices on third parties in some counties (EJ-185 secured-property notice, ACC-001 levy applications, etc.) and to service WG-001 wage-garnishment papers when the judgment creditor takes the wage-execution path under CCP 706.020. Pre-judgment SC-104 service rules carry over: same 18+ / non-party server.

    Field-by-field guidance

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    Court County And Address
    blocker

    County name (after 'Superior Court of California, County of') plus the courthouse street address. Must match the SC-100 or SC-120 you are serving.

    • Writing only the county and forgetting the street address.
    • Picking a different courthouse than the one on the SC-100 / SC-120, the proof gets routed to the wrong courtroom.
    Case Number
    blocker

    The case number assigned by the clerk on the filed SC-100 or SC-120. Same number on both pages of the SC-104.

    • Filing SC-104 before the SC-100 has been filed, there is no case number to write yet.
    • Mismatched case number between page 1 and page 2 of the same SC-104; the clerk treats this as a typo and the proof can be misfiled.
    Case Name
    blocker

    Plaintiff name v. Defendant name, exactly as captioned on the SC-100 or SC-120.

    • Filer abbreviates names; the caption needs the same form as on SC-100/SC-120.
    • Filer drops middle name listed on SC-100.
    Hearing Date
    blocker

    The hearing date the clerk wrote on the ORDER half of the SC-100 (or SC-120) when accepting the filing. The 5-day filing deadline runs backward from this date.

    • Writing the date the SC-100 was filed instead of the hearing date.
    • Leaving blank because the SC-100 was filed online and the user has not yet received the conformed copy with the hearing date stamped on it.
    Hearing Time
    blocker

    Hearing time from the same ORDER half. Most small claims calendars start at 8:30 a.m. or 1:30 p.m.

    • Server lists a date instead of a time. Item 2 has separate date and time fields; copy time only here.
    • Server uses 24-hour format when the form expects 12-hour with AM/PM.
    Hearing Dept
    blocker

    Department, division, or room number assigned by the clerk for the hearing.

    • Server lists a courtroom number from a year ago. Department assignments change; verify against the SC-100 ORDER half being served.
    • Server confuses 'department' with 'division'. Small claims is its own division; the dept/room is the specific courtroom within.
    Served Party Kind
    blocker

    Drives whether item 1a (individual name) or item 1b (business / entity + authorized person) gets filled.

    • Server checks individual when the defendant is an LLC or corporation. The SC-100 caption tells which path applies; use 1a for individuals, 1b for entities.
    • Server checks both boxes. Exactly one applies; the form needs a single answer.
    Served Individual Name
    warning

    Full legal name of the individual defendant being served. Match the SC-100 / SC-120 caption.

    • Using a nickname or 'Mr./Ms. Last name' instead of the full legal name.
    • Filling 1a when serving a business; the form expects 1b in that case.
    Served Business Name
    warning

    Full legal name of the corporation, LLC, partnership, or public entity. Match the SC-100 / SC-120 caption.

    • Server shortens the entity name (drops 'LLC', 'Inc.', 'dba'). Match the SC-100 caption character-for-character; the clerk verifies entity service against the SC-100.
    • Server lists only the dba name when the SC-100 names the legal entity. List both: 'Acme Corp dba Acme Coffee'.
    Served Business Authorized Person
    warning

    Name and role of the human who actually accepted the papers. Must match a category authorized by statute (officer, general manager, partner, registered agent, clerk, chief officer).

    • Naming a receptionist or front-desk staff who is not authorized; the proof is technically defective.
    • Naming the corporation itself instead of the human (e.g., 'Acme Properties LLC' in the person field).
    Served Sc100
    warning

    Checkbox: SC-100, Plaintiff's Claim, was served.

    • Server forgets to check this when SC-100 was the document served. Check explicitly; clerks reject blanks even when 'obvious'.
    • Server checks both SC-100 and SC-120 when only one was served. Match the actual documents handed over.
    Served Sc120
    info

    Checkbox: SC-120, Defendant's Claim (countersuit), was served.

    • Server checks this when no SC-120 (counterclaim) exists. Check only if the defendant filed a counterclaim and it was actually served.
    • Server thinks SC-120 means 'small claims response'. SC-120 is the defendant's COUNTERCLAIM, not a response.
    Served Oae
    info

    Checkbox: an order for examination (debtor exam) was served. Sub-choice between SC-134 and AT-138/EJ-125 then identifies which order.

    • Forgetting that civil arrest warrants for non-appearance only issue if a registered process server, sheriff, marshal, or court-appointed person personally served the order; a friend or family member's service does not support the warrant.
    Served Oae Form
    warning

    Which examination order was served: SC-134 (small claims-specific) or AT-138 / EJ-125 (general civil collections).

    • Server checks SC-134 for a general-civil judgment debtor exam. SC-134 applies only to small-claims judgments; for general civil, use AT-138 or EJ-125.
    • Server selects neither when an examination order was served. Pick the actual form type.
    Served Other
    info

    Checkbox: a document not listed in 3a-3c was served. Must be paired with a written specification.

    • Server checks 'other' but leaves served_other_specify blank.
    • Server uses 'other' for documents that are already listed (SC-100, SC-120, examination order). Use the specific checkbox first; 'other' is only for documents not listed.
    Served Other Specify
    blocker

    Title and form number of the additional document served.

    • Server writes a vague description ('attached papers'). The form needs the document title and form number (e.g., 'SC-104B Page 2: Notice of Sub-Service').
    • Server omits the form number. Title + form number lets the clerk verify what was served.
    Service Method
    blocker

    Personal service (handed to the defendant) vs substituted service (left with another adult and mailed). Drives which page-2 block must be filled.

    • Checking both 4a and 4b; the clerk rejects the proof.
    • Checking neither and leaving page 2 blank.
    Personal Service Date
    blocker

    Date of personal handover.

    • Server uses the date the documents were prepared rather than the date of personal handover. Use the actual handover date.
    • Server estimates the date. Use the actual date; the date triggers the answer-deadline clock.
    Personal Service Time
    blocker

    Time of personal handover.

    • Server estimates time to the nearest hour. Be precise to within 5-10 minutes; courts have rejected POS where the time is suspiciously round.
    • Server uses 24-hour format when the form expects 12-hour with AM/PM.
    Personal Service Am Pm
    blocker

    Whether the time is morning or afternoon.

    • Server checks AM when the actual time was PM (or vice versa). Double-check before signing; mismatch with the time field is grounds for challenge.
    • Server leaves blank thinking the AM/PM is implicit in the time. The form has separate AM/PM checkboxes; check one.
    Personal Service Street
    blocker

    Street address (or other physical location) where service happened.

    • Server lists 'home' or 'work' without the actual address. Use the specific street address; this is what allows the court to verify geographic competence.
    • Server lists the defendant's residence when service happened at their workplace. Use the actual location of personal handover.
    Personal Service City
    blocker

    City of personal service.

    • Server lists the county instead of the city.
    • Server abbreviates ('LA' instead of 'Los Angeles').
    Personal Service State
    blocker

    State of personal service. Defaults to CA.

    • Server spells out 'California' when 'CA' is expected.
    • Server uses lowercase ('ca').
    Personal Service Zip
    blocker

    ZIP of personal service.

    • Server omits ZIP.
    • Server guesses ZIP.
    Sub Recipient Type
    blocker

    Where the substituted service happened: home (with cohabiting adult), workplace (in-charge adult), or mail location (only if no known physical address).

    • Picking 'mail location' when a physical address is known; the form's own text only allows that option when no physical address is known.
    • Picking 'workplace' when the adult given the papers was not actually 'in charge' (e.g., a coworker rather than a manager).
    Sub Service Date
    blocker

    Date the documents were left with the adult.

    • Server uses the date the documents were prepared. Use the actual date the documents were left with the adult.
    • Server confuses sub-service date with the mailing date that follows. The two dates are usually different; both are required.
    Sub Service Time
    blocker

    Time of substituted service.

    • Server estimates to the nearest hour.
    • Server uses 24-hour format.
    Sub Service Am Pm
    blocker

    Whether the substituted-service time is morning or afternoon.

    • Server checks the wrong half.
    • Server leaves blank.
    Sub Service Street
    blocker

    Street address where the documents were left.

    • Server lists 'work' without the address. Use the specific street address.
    • Server lists the defendant's residence when sub-service happened at the workplace. Use the actual location.
    Sub Service City
    blocker

    City where substituted service happened.

    • Server lists the county instead of the city.
    • Server abbreviates.
    Sub Service State
    blocker

    State of substituted service. Defaults to CA.

    • Server spells out 'California'.
    • Server uses lowercase.
    Sub Service Zip
    blocker

    ZIP of substituted service.

    • Server omits ZIP.
    • Server guesses.
    Sub Adult Description
    blocker

    Name of the adult who actually accepted the papers, or, if name was refused, a clear physical description and any stated relationship.

    • Writing 'wife' or 'son' without any other description; the judge needs more than a one-word relationship label.
    Sub Mailing Date
    blocker

    Date the follow-up first-class envelope was deposited in the mail. Service is complete 10 days after this date.

    • Mailing the same day as substituted service is fine; mailing weeks later defeats the purpose and may make service untimely for the hearing.
    Sub Mailing From City State
    blocker

    City and state where the envelope was deposited (where the post office or USPS collection box is).

    • Server lists where the documents were addressed instead of where they were mailed FROM. Use the post office or collection-box location.
    • Server omits the state. The form expects 'City, State' on one line.
    Sub Mailing Method
    blocker

    Where the envelope was deposited: USPS mail drop, business mail drop with daily USPS pickup, or through a third-party mailer (with attached SC-104A).

    • Picking the third option without attaching a completed SC-104A; the proof is incomplete.
    Server Name
    blocker

    The non-party adult who actually served the papers. Cannot be the plaintiff or any defendant.

    • Plaintiff signs as the server; the form's penalty-of-perjury declaration says the server is 'not named in this case', a self-serving proof is rejected.
    Server Phone
    warning

    Server's phone number.

    • Server lists the plaintiff's phone instead of the server's. Server is a different person from the party; use the server's contact.
    • Server leaves blank. Phone is required for the court (or the parties) to reach the server if questions arise.
    Server Street
    blocker

    Server's street address.

    • Server lists a P.O. Box only. CCP requires a residence or business address; P.O. Box alone is insufficient.
    • Server uses the same address as the plaintiff. Server must be a non-party; the address should reflect that.
    Server City
    blocker

    Server's city.

    • Server lists the county.
    • Server abbreviates.
    Server State
    blocker

    Server's state.

    • Server spells out 'California'.
    • Server uses lowercase.
    Server Zip
    blocker

    Server's ZIP.

    • Server omits ZIP.
    • Server guesses.
    Server Fee For Service
    info

    Dollar amount charged for service. Recoverable as a cost by the prevailing party. Often $0 when a friend or family member serves.

    • Server lists $0 when the server actually charged. The fee is recoverable as a cost; understating means the prevailing party loses the recovery.
    • Server lists a high fee for a friend who 'served as a favor'. CCP 1033.5 requires actual fees; inflated amounts are recoverable as the lesser of actual fee and $40 per attempt.
    Server Registered County
    none

    California county where the process server is registered. Only applies to professional registered process servers.

    • Friends and family servers fill this when they are not registered. Only registered process servers fill items 5a-5c; non-registered servers leave blank.
    • Registered server lists the wrong county. Match the county on the registration certificate.
    Server Registration Number
    none

    Process server's registration number.

    • Friends and family servers fill this when they have no registration number.
    • Registered server lists their driver's license number instead of the registration number. Use the number from the County Clerk's process server registration.
    Sig Date
    blocker

    Date the server signs under penalty of perjury.

    • Server signs days after the service event. Best practice: sign the same day as the latest service event (or mailing, for sub-service).
    • Server post-dates the signature. Use the actual date of signing.
    Sig Print Name
    blocker

    Printed name of the server. Must match item 5.

    • Server prints a different name than item 5 (server identification). Match item 5 character-for-character.
    • Plaintiff signs as the server. Server CANNOT be a party to the case; this is the most common reason small-claims POS gets rejected.

    Ezel is a self-help tool. Ezel is not a law firm and does not provide legal advice. You are the filer. Review the form carefully before submitting it to the court, and consult a licensed attorney if you have questions about your case. For free legal help, contact your local legal aid office or court self-help center.

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