M. G. LICKMAN. Your credits were successfully purchased. Ct. (Great American Ins. Butte County Counsel Pursuant to Government However, courts have generally inferred a prudential, but not jurisdictional, 60-day deadline, by analogy with the amount of time usually allowed for appeals. [16], Certain writs are prescribed by statute. PURSUANT TO GOV. (Pet., p. 1, and Exs.
Preliminary Opposition to Petition for Writ of Mandate, Prohibition ), If the Court of Appeal denies the writ petition, counsel may seek relief in the California Supreme Court. SIERRA, as guardian ad litem, She has been AV-rated by Martindale-Hubbell. PRELIMINARY OPPOSITION TO PETITION FOR WRIT OF MANDATE VANESSA L. HOLTON, State Bar No. 2. Petition for writ of mandate granted. Plaintiff is currently an inmate a ..eries, 6 AAA batteries, and a book lamp. App. Your alert tracking was successfully added. Deputy Clerk: Kristi Temple Dept: SB Dept 4 Proc., 1068 [seeking review of act that exceeded the courts jurisdiction]), and writs of supersedeas (Code Civ. Your recipients will receive an email with this envelope shortly and #325201) 3 25 County Center Drive, Suite 210 Mandate (aka "Mandamus,") is an "extraordinary" remedy provided by a court sitting in equity. Produced by 'The Ezra Klein Show'.
California Civil Writ Practice | Legal Resources | CEB | CEB Los Angeles, CA 90035 Get a Demo. The Second Appellate District requires similar notice for writs from juvenile dependency proceedings. Proc., 437c, subd. xXK6jVQkl7I=$9@J$H, Gf/^o}z"iG,UFyKZFk*/y~zynM#_M*hV6FiBibnwgoKH'a.{XEq8"q[yBHQAw>a{6,)lq3VC3iF%zn=Tk'TAKkEe|-iK>''kr8+
Wlz/0? te"7:~D>zTtgdB@;>-3%:OP %r(+Ynra} P_Tdg,fF)f5(sOBfPg6j [8]pZbeDpz(9d"n>70sa1;uYj/AULuu%dfB),-J^a-75UVDyMM\wg?-qaTR3U^R~_'d[glj +7mgenXPZ]|_ UNm2&C3GE.UVq^1I ]QQV$v7Y$e IZAJ[b`@Ui{+g}v;4F=jyW&fT If the Court of Appeal does not wish to allow the trial court to change its ruling before the appellate court can consider the issue, it can issue an order to show cause. 10 Proc., 422.10.) Often, the court will summarily deny the writ petition. Richard A. McDonald (State Bar No. Although these petitions can be filed with the court of appeal or Supreme Court in the first instance, they are usually summarily denied without prejudice. Moua v. Hmong Cultural New Year Celebration, Inc. MARSHA SPECTOR VS CITY OF LOS ANGELES, ET AL. #271253)
Writ of Mandate; Opposition v. Return - Legal Answers - Avvo (2) An opposition must contain a memorandum and a statement of any material fact not included in the petition. The petition is used when the 90 day period specified in Civil Code section 8460 (a) has expired. Its issue does not indicate that the court agrees with the merits; rather, merely that extraordinary relief is the only adequate avenue for review. SUPERIOR COURT OF THE STATE OF CALIFORNIA 7 SUPERIOR COURT OF, 1 at 259.
How have courts dealt with the issue of bias in a motion for a writ of We will email you provides a party may make a return to a petition for writ of mandate by demurrer, verified answer, or both. 8 a clear, present and ministerial duty on the part of the respondent, and. and must comply with California Rules of Court, rule 8.824. b) Service. B, F, G.) Code of Civ. Proc., 1085; Santa Clara County Counsel Attys. The judicial review via administrative mandate under Code of Civ. (Code Civ. Writ relief is extraordinary and completely discretionary, so 90-95% of them are denied, usually without explanation. 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. shannonthompson5975@comcast.net 10 THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 37-2020-00020207-CU-TT-CTL RESPONDENT'S BRIEF IN OPPOSITION TO SAVE THE FIELD'S PETITION FOR WRIT OF MANDATE Judge: Hon. Despite fighting an uphill battle, there are considerations for giving your client the best possible chance of writ relief. Moving, opposition, and reply papers shall be filed as provided in the California Rules of Court. 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. : 21STCP03310 Proc., 1104. Sign up for our free summaries and get the latest delivered directly to you. (California Employment Com. <>>>
148677 Deputy General Counsel JAMES J. CHANG, State Bar No. Proc. SOURCEWISE, Case No. 401 Wresiene Bota EvaRD (d). 0
), In either case, the essential underpinning of the challenge is the invalidity of the administrative action. 5 Telephone: (213) 269-6258 Facsimile: (408) 292-7240 (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. The petitioner shall lodge the administrative record with the court no later than 10 calendar days in advance of the hearing date.
PDF Mandate (aka "Mandamus If the Court of Appeal grants the petition, the alternative writ or order to show cause will be discharged and a peremptory writ issued. %PDF-1.6
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<. "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 Disney answered the complaint on January 12, 2017 and . Rule 8.933 amended effective January 1, 2014; adopted effective January 1, 2009. To avoid the obvious implication that nearly all California government agency decisions were now entirely immune from judicial review, the court held in 1939 that the writ of mandate could be used instead for that purpose.[34]. (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. California Rules of Court, rule 56(h)(1) similarly provides a party may file a return to a petition for a writ by demurrer, verified answer, or both. - 4th Dist. The first, as noted in Parker v. Bowron [40 Cal.2d 344, 351] is whether the plaintiff will obtain some benefit from issuance of the writ or suffer some detriment from its denial. 2 Mihir Desai (State Ba, Other Civil Petition (General Jurisdiction), 1 ROB BONTA AIDS HEALTHCARE FOUNDATION VS CITY OF LOS ANGELES, ET AL. It is ordered that the peremptory writ of mandate issue as prayed. (Code Civ. DATE/TIME July 20, 2018, 11:00 a.m. DEPT. ), 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.) The office operates under a contract with the California Administrative Office of the Courts. [7] As such, the only way for most interlocutory decisions to be reviewed before trial is through ordinary mandate. Santa Mounca, CARON Telephone: (626) 356-4801 As with the petition for writ of mandate, the petition for supersedeas must be verified. We noticed that you're using an AdBlocker. BS163396 Article 6, section 10 of the California Constitution defines the relief available by writs as "extraordinary." Proc., 418.10, subd. cause why a peremptory writ should not issue as requested in the petition for writ of mandate, and afforded the parties the opportunity for further briefing and oral argument.1 1 We granted the application of Bet Tzedek, California Rural Legal Assistance Foundation, Center For Workers' Rights, Centro Legal De La Raza, Legal Aid At Work, Dated and Entered: 09/02/2022 Time: 10:00 AM Proc. (2) An opposition must contain a memorandum and a statement of any material fact not included in the petition. shannonthompson5975@comcast.net 430.10(e).) A separate and much more formalized procedure called administrative mandate is used to review certain decisions by administrative agencies after adjudicatory hearings, and are distinguished from ordinary writ proceedings by the addition of a panoply of statutory requirements. The court may issue an alternative writ, an order to show cause or a peremptory writ.
PDF PETITION FOR WRIT BOOKLET - occourts.org The appellate division of the superior court may grant a writ of mandate directed to the superior court in a limited civil case or in a misdemeanor or infraction case.
Writ of Mandate / Mandamus in California - Trellis PDF In the Court of Appeal of The State of California Resorts U.s., Inc 5 December 21, 2016. Rules of Court, rules 8.490(b)(1)(A), 8.500(e)(1).) Franceschi Law Corporation the California Rules of Court, file the Response in each writ case. a clear, present and beneficial right on the part of the petitioner to the performance of that duty. 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. You already receive all suggested Justia Opinion Summary Newsletters. 2. You will lose the information in your envelope, Writ of Mandate - WRIT OF MANDATE (PROPOSED), YES IN MY BACK YARD, A CALIFORNIA NONPROFIT CORPORATION, ET AL. State of California MATTHEW BOERMEESTER,, Plaintiff and Appellant, v. .
Analysis by Maxine Joselow. Proc. (Cal. 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. (Ex. Respondents Hanin Federal Credit Union, Choon Hyung Jhoun, James Lee, Bog Sub Lee, Juan Lee, Young Hwan Cho, Tai Ho Kang and Teahyon Leem (Respondents) demur to the first amended petition for writ of mandate ..lege that Respondents distributed inaccurate minutes of the June 26, 2016 Board meeting to legitimize the removals of Petitioners. San Jos, California 95110-1770 6 180.) RICHARD K. SUEYOSHI CLERK E. GONZALEZ (See Code of Civ. In such a case, the petitioner is not offered an opportunity for oral argument. DATE/TIME October 18, 2019, 10:00 a.m. DEPT. San Francisco, California 94102-4682 Telephone: (415) 554-4675 Facsimile: (415) 554-4699 E-Mail: wayne.snodgrass@sfcityatty.org . A brief in opposition should be stated briefly and in plain terms and may not exceed the word or page limitations specified in Rule 33. Constitutional agencies are subject to both certiorari and administrative mandate; in those cases, a court's review of their factual findings is "limited to a determination whether those findings are supported by substantial evidence in light of the whole record" in deference to their limited judicial powers. 3 Telephone: (213) 622-0835 Background: On May 18, 2009, petitioner and plaintiff Monarch ..of mandate. App. 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. Non-Criminal: Minute Order - Writ of Mandate, Johnny Mirzapour vs Bureau of Automotive Repair, ARMAHN PARRISH, ET AL. Petitioners request that the court take the Petition and Verified Answer under submission without further briefing or presentation of evidence, decide the matter on the pleadings, and decide the Petition on the pleadings a ..owed in civil actions are complaints, demurrers, answers, and cross-complaints. The applicants argued that the bias of two particular council members had denied them a fair hearing. Janet R. Gusdorff, a Certified Appellate Law Specialist (SBLS), handles appeals in state and federal court. 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. [12][13], An alternative writ and order to show cause are identical in effect, but semantically slightly different; an alternative writ directs the trial court either to comply with its terms or show cause why it should not be ordered to do so, while an order to show cause only directs the trial court to show cause why the relief should not be granted. (Code Civ. Discretion is the power conferred on public functionaries to act officially according to the dictates of their own judgment. (AIDS Healthcare Foundation v. Los Angeles County Dep't of Pub. Proc., 400. ), A ruling regarding revocation, suspension or restriction of a medical license (Bus. hbbd```b``z"gk , &oHf0; 161 - Reply to Opposition to Petition for Writ of Mandate. Respondents' Brief in Opposition to Petition for Writ of Mandamus Under C..
Motion-Secondary: WILLIAM VEDERMAN M.D VS. MEDICAL BOARD OF CALIFORNIA ), [W]hen review is sought by means of ordinary mandate the inquiry is limited to whether the decision was arbitrary, capricious, or entirely lacking in evidentiary support. (Bunnett v. Regents of University of California (1995) 35 Cal.App.4th 843, 849.) Pasadena Magazine recognized Janet as one of its 2016 and 2017 Top Attorneys. Janet graduated from Loyola Law School, where she served as Note and Comment Editor on the Loyola Law Review. ), The powers and duties of the court in the premises are provided for therein. NXmU1.lO~&HUqqf`B|2Yy2pWE|3 Q{\'$K
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PDF In the Court of Appeal - Mark Anchor Albert 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. In general, quasi-legislative acts are reviewed by ordinary mandate and quasi-judicial acts are reviewed by administrative mandate. NO 28 JUDGE HON. As simple as the motion to quash hearing is, the judges make a surprising number of mistakes in ruling upon it.
22 Certified for Publication in The Court of Appeal of The State of [36] Proceedings before local government agencies are also reviewable through administrative mandate.
For the common-law writ of mandamus in general, see, Negligent infliction of emotional distress, Comprehensive Computer Data Access and Fraud Act, Uniform Determinate Sentencing Act of 1976, Presidential Tax Transparency and Accountability Act, Act for the Government and Protection of Indians, California Unemployment Insurance Appeals Board, Cornell Law School Legal Information Institute, Mandamus, Form APP-150-INFO, California Judicial Council, pg. ) [1][2] In California, certain writs are used by the superior courts, courts of appeal and the Supreme Court to command lower bodies, including both courts and administrative agencies, to do or not to do certain things. 1068).
PDF Petition for Alternative Writ of Mandate to Set Aside Suspension or California is set to ban diesel truck sales by 2036. ..In Plaintiffs January 31, 2019, Complaint, Plaintiff alleged five causes of action sounding in (1) Declaratory Relief, (2) Inverse Condemnation, (3) Intentional Infliction of Emotional Distress (IIED), (4) Negligence, and (5) Attorney Fees. 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). $300.00. (Cal. Within 10 days thereafter, the petitioner may file and serve a reply. JANET JHA, ) Assigned to the Hon. Rules of Court, rule 8.487(a)(4).) Petition for writ of mandate, Rita Miller, Judge. [A] writ of mandate may not be issued where the petitioner's rights are otherwise adequately protected. (Code of Civ.
9, Stipulated Judgment - Before Trial 04/25/2022, SUPERIOR COURT OF CALIFORNIA ), The petitioner always bears the burden of proof in an ordinary mandate proceeding.
(Id.). Despite the statutory deadlines for bringing writs, not all rulings that can be challenged by writ must be challenged by writ. Disclaimer: These codes may not be the most recent version.
PDF Petition for Writ of Mandate - The Institute for Justice Hearing: January 5, 2017
Tonja Lynn Demoff vs. Wayne Bell | Opposition | Casetext Petition for Writ of Mandate Petitioner is now proceeding on the Fourth Amended Petition for Writ of Mandate, pursuant to CCP 1085.
PDF WKH&$ VW'LVWULFW&RXUWRI$SSHDO - Citizen Bureau of Automotive R, 1 November 15, 2019 California as the proper venue for any litigation. Attorneys for Petitioners Good morning and welcome to The Climate 202 . . Petitioner, [PROPOSED] PEREMPTORY WRIT 3. COUNTY OF SANTA CLARA Make your practice more effective and efficient with Casetext's legal research suite. %PDF-1.6
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SUPRVISORS' ASSOCIATION'S PRELIMINARY OPPOSITION TO PETITION FOR WRIT OF MANDATE . 7 SUPERIOR COURT OF THE STA, 21 This type of mandate generally applies when a party seeks to have an appellate court overturn an interim order by a superior court. Serve the Notice or Response on each party to each case. Proc. 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/. Dist. 3 Attorney for Petitioner, Rafael Lozano Case No. (Bayley v. Regents of the University of California (1997) 58 Cal. The petitioner must also show it will suffer irreparable harm without a stay, and that the injury suffered will be greater than the injury to the opposing party if the stay issues. Hearing Date: November 8, 2022 ), Parties upon whom the writ or notice has been served may make a return by demurrer, verified answer or both. (Code Civ. ) 3 : S-CV-0047770 . In that case, applicants who had been denied a permit for a planned unit shopping center development sought a writ of mandate. Jeremy .Pilaar@cco.sccgov.org COUNTY OF SANTA BARBARA
PDF Case No. A156816 IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA "California is in the midst of a housing crisis." (Joint Request for Judicial Notice (JRJN), It further requires attaching the order granting or denying the request.
PDF SUPERIOR COURT OF CALIFORNIA County of - County of Sacramento (c). 9 ), 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. Accessing Verdicts requires a change to your plan. Joseph Hardesty vs. California State Mining and Geology Board. 1000 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. 24 28 S. ETH . The alternative writ triggers further briefing (a return and reply) as well as an oral hearing. 85 (Gong v. City of Fremont (1967) 250 Cal.App.2d 568, 573; Code Civ. This sample petition for release of mechanics lien for California is filed pursuant to Civil Code sections 8480, et seq. Writs are generally divided into two categories: the most common form of writ petition is ordinary mandate, which is a highly informal process mostly governed by advisory rules of court rather than by strict rules or statutes. JUSTIN MI, an individual, Case No. . The Court of Appeal has original jurisdiction over a writ petition. Copyright there is no plain, speedy, and adequate alternative remedy, the respondent has a duty to perform, and. Deputy Sheriff: Marco Diaz (Id. Cou. The writ petition does not automatically stay the proceedings in the trial court or stay enforcement of a judgment or order. CARLSON & NICHOLAS Judicial Officer: Donna D Geck
PDF Writ of Administrative Mandamus (213) 797-7488 2 BRAD STEPHENS (SBN 212246) Code Section 6103 CODE, 6103 105365) E. G. OLDSTEIN. Its function is to put the case at issue as to all important matters alleged in the complaint that defendant does not want to admit. <>stream
A brief in opposition to the petition for a writ of certiorari may be filed by the respondent in any case, but is not mandatory except in a capital case, see Rule 14.1 (a) or when ordered by the Court. You're all set! Case No. }~9ccxgE>&uwQ Pl'/wC;{9Nm$Mk0]&:G4,H1Q7nwdw(rALT` 140862 406 9th Ave, Suite 311 San Diego, CA 92101 Telephone: (619) 232-8776 lawforvatos@yahoo.com Wesley Hottot* INSTITUTE FOR JUSTICE
PDF Petition for Writ of Mandate - Paulick Report Your alert tracking was successfully added.
PDF DENNIS J. HERRERA, State Bar #139669 State Bar - LCCRSF <>stream
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. 7 VS KIM JOHNSON, DIRECTOR, CALIFORNIA DEPARTMENT OF SOCIA. A separately filed request for a temporary stay must also be served on the respondent. [17], As appeals from the outcome of writ petitions in the superior court. Over public opposition and in violation of the California Environmental Quality Act (CEQA), on April 30, 2019, the County of Los Angeles (County) certified an environmental impact report (EIR) and approved a statement of overriding considerations for the Tejon Ranch Centennial Project ("Project").
PDF Preliminary Opposition to Petition for Writ of Mandate Petitioners must show unusual urgency or obvious entitlement to relief. Superior Court, 118 Cal.App.2d 770, 258 P.2d 1084. 5, Form APP-150-INFO, California Judicial Council, pg. The administrative appeal was accepted at the first level review by Associate Warden Denny. Section 108, Government Officials Conflicts and Self-Dealing, Government Influence (Political Reform Act). H2$Xq
Many courts treat statutory writ deadlines as jurisdictional, failing to consider the petition after the deadline has passed. anaheim's opposition to motion for writ of mandate and declaratory relief 6 2 301 E. Colorado Blvd., Suite 320 Due Process under the California Constitution. Writ practice in California, and especially writ of mandate and administrative mandamus, is essential to developing state law, safeguarding the public interest, and vindicating individual rights. MCR 16-061 Hon. 155385) [8] Most such writ petitions are common-law writ petitions, which are not specifically set out by statute, and do not have a specific statute of limitation. `(8n&K!0VMH|njm5@*}[%!c)2jg'sf>r67C8!GM Bme[}Su_\5Z E#p4B :GJ5T/I8/pp~d2[%zg+f KBESpe\$j/$mm+sN[b0R-+;kDZ,v -AS"cf_']D !?
(j! Ebu98{~_[El1 `]c*;8:1,z$^0qVG.RDAkib5 6 (235980) MARK ANCHOR ALBERT & ASSOC. 1102); and a writ of certiorari to review and undo something (Code Civ. (Ex. Your subscription has successfully been upgraded. Proc., 1088, 1105. Proc. Adding your team is easy in the "Manage Company Users" tab. ) against Defendants J. Costelo Warden, P. Denny Assoc. Case No. (See Anderson v. It is brought under California Code of Civil Procedure (CCP) 1094.5. [Citations] Mandamus has long been recognized as the appropriate means by which to ch SUPERIOR COURT OF CALIFORNIA RULING CITY OF LOS ANGELES; CITY COUNCIL OF ) 26-27.) [4] Despite the name, however, ordinary mandate encompasses a wider variety of administrative appeals than administrative mandate does, and an administrative mandate petition may allege ordinary mandate as another cause of action. _____ appeal from the superior court for the county of orange hon. ), A ruling on the disqualification of a judge (Code Civ. Carter-Spencer Enterprises, LLC 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). paul green, real party in interest. Petitioner,) [PREFESED] WRIT OF MANDATE 3 Encino, CA, Court Finding - After Court Trial 09/29/2020, Writ - Administrative Mandamus (General Jurisdiction), 1 Rules of Court, rules 8.70 et seq.). Its purpose was to afford a means of procuring justice in the proper field of its operation where there was an asserted legal right and no specific legal remedy for the enforcement of that right. (Dare v. Board of Medical Examiners (1943) 21 Cal.2d 790, 796.). SBN 182586 Writ of Mandate to an Appellate Court. The terms mandamus and mandate are synonymous. JUDITH A. ODBERT (SBN 131261) JOSHUA A. OLANDER (SBN 249292) TASHAYLA D. BILLINGTON (SBN 307050) MASTAGNI HOLSTEDT, A Professional Corporation .
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