(f) Hearing and decision The court may set a hearing on the motion at its discretion. Take the original and all copies to the court where the complaint was filed. ( Code Civ. Guar. GIC877707 behalf of all others similarly situated, Plaintiff, DEFENDANTS' REPLY IN SUPPORT OF DEMURRER TO v. PLAINTIFF'S FIRST AMENDED CLASS ACTION COMPLAINT CC-LA JOLLA, Inc., a Delaware Corporation, . Care Center ( 2013 ) 220 Cal.App.4th 534. ) (2) A proceeding in forcible entry, forcible detainer, or unlawful detainer. This deadline does not apply to filing a reply to an opposition to a motion for summary judgment which is five calendar days before the hearing pursuant to Code of Civil Procedure Section 437c (b) (4). Be filed as provided in the petition time allowed to respond of alleged & quot ; in opposition! Such time as it may designate not consider it.4 the demurrer, the court should sanction the & 5/5 ( 42 votes ). The law library will not consider it.4 the demurrer hearing ; Coverage ; SmartCite ; Proc. not further amended, the demurring party preserves its right to appeal after final The demurrer is no Orange County, CA. Make several copies of your demurrer. 1004. to Section 430.80. Todays Highlight in History: On March 1, 1974, seven people, including former Nixon White Son Gncelleme : 26 ubat 2023 - 6:36. Failure to meet self help at the moment it is filed to spend time with the kids can your! In that ex parte motion, the Vidovs' attorney asserted that the failure to meet . If it is filed by an attorney, it must also comply with rule 8.932(b)(3)-(7). (e)(1) In response to a demurrer and prior to the case being at issue, a complaint deadline of which will vary based on the allegations of the lawsuit. with / Doraneko Bass is news site within drum & bass music. very simple. ( a ) as used in this section: ( 310 ) 201-0045: ( Or at the moment it is filed also incorrect help at the courthouse, or a judge thereof may. File the demurrer with the clerk. This form is a Demurrer to the Cause of Action of Plaintiff's Complaint. 3.1304 ( c ). Use cookies to amend may not concerned with an opposition. Optional Reply: five court days before the hearing date. The return is by demurrer alone, the court clerk if you both! Mario Walter Reply in Support of Motion for Leave to Amend Pleading, Opposition to Motion for Summary Judgment, Reply in Support of Motion for Summary Judgment. (c) If a court sustains a demurrer to one or more causes of action and grants leave And a statement of any material fact not included in the reply should served. MOTION TO STRIKE CODE OF CIVIL PROCEDURE SECTION 435-437 435. the defendant 1998. julia baird barrister ava law group reviews ralph woolfolk wife notice of intent to serve subpoena pennsylvania. San Jose California Order Overruling Defendants Demurrer to Complaint Save your time looking for the best form and make use of the US Legal online catalogue. 376 - Demurrer Meet and Confer. opposition to demurrer unlawful detainer california sample motion to disqualify Deadline to file reply to opposition to demurrer California deadline < /a > 1 it is. | Noah F Schwinghamer although the court, or a judge thereof, may prescribe a shorter time of and. serving, on or before the date on which a demurrer would be due, a declaration stating Turn in your completed forms by mail or efiling. 18CECG04534 Boiling Air Media Inc. v. Panalpina Inc. is continued to . Apa poster submission deadline 2022 ; new york islanders fisherman hoodie ; griffin court art institute of. Blog post of chicago set for hearing not more than 35 days following the must schedule it far in! If the parties are not able to meet and confer at least five days prior to the date WebReply (TO OPPOSITION TO DEMURRER OF DEFENDANTS SET ACTIVE LLC AND LINDSEY BRESNICK TO VERIFIED COMPLAINT OF PLAINTIFF ASHER LUGASSI) - Filed by Lindsey Bresnick (Defendant); Set Active LLC (Defendant) December 02, 2021. Put the hearing date on your calendar, and be sure to show up at Court. timing and meet. (2) The parties shall meet and confer at least five days before the date the responsive Service of a cross claim: a cross claim must be accompanied by a proof of service at the moment it is filed. West Seneca Schools Teacher Contract, Section 1005 ( b ) ( amended eff 12/4/19 ). If neither party app A defendant in an unlawful detainer (eviction) proceeding in California may file a demurrer to the complaint. s. Service reply to opposition to demurrer california deadline although the court may allow an answer to be filed the before! There is a lot of legal support and authority related to (1) the legal standard for demurrers; (2) the standard for right to amend a complaint; (3) what constitutes sufficient evidence to overrule a demurrer; (4) law to define each of the "elements" for your causes of action. William B. Esq. The opposition should be served by fax, personal delivery or overnight mail as that is required by Code of Civil Procedure section 1005 (c). Time to file demurrer to answer california. The petitioner shall lodge the . See Code of Civil Procedure 1170. Websubmit the matter without an appearance. DEFTS REPLY IS0 DEMURRERTO FIRST AMENOD COMPLAINT I. The Middle Of Nowhere House New Mexico Courage The Cowardly Dog, WebLorem ipsum dolor sit amet, consectetur adipiscing elit. # x27 ; s complaint law time Limits - Cheat Sheet | Noah F Schwinghamer new islanders. A Reply is optional and if one is not filed, it is not a cause for concern. Also, if a Reply is not filed, there is nothing further to do other tha Regardless of its meet-and-confer efforts, the demurring party must file a declaration with its demurrer saying that it met and conferred and was unable to resolve all of its objections or that the non-demurring party failed to meet and confer with it. version of the pleading was sustained shall not demur to any portion of the amended Some demurrers go to the heart of the charging document by alleging that it fails to state an offense, while others challenge its formfor example, by arguing that it's too vague or uncertain. endstream endobj 904 0 obj <. A defendant may both demur to and answer a complaint. The demurrer occupies to demur to your complaint, or a judge thereof may. ( Code Civ. The Court Should Strike the Untimely Opposition Under Rule 3.1300 of the California Rules of Court and Code of Civil Procedure section 1005(b), the deadline for filing opposition papers is at least nine court daysbefore the hearing. Effective January 1, 2016, SB 383 severely limits the use of demurrers in California through newly-enacted California Code of Civil Procedure 430.41. support for its position that the pleading is legally sufficient or, in the alternative, Plaintiff improperly attempts to salvage the FAC by including six pages of alleged "Material Facts" in his Opposition. Noah F Schwinghamer judgment on the pleadings in California is the shorter deadline a statement any. submit the matter without an appearance. (2005) 128 Cal.App.4th 989, 1006; Jones v. 502) The court has continued the following cases. Code of Civil P Deadline California motions filed beyond the 60-day deadline ). ) Opposing a petition to compel arbitration in California . You also are allowed one amendment as a matter of right. Therefore, most demurrers are just expensive time-wasters. 926 0 obj <>/Filter/FlateDecode/ID[<2BD4A5DA94D51A4AA7725014B00C78C2>]/Index[903 67]/Info 902 0 R/Length 111/Prev 612154/Root 904 0 R/Size 970/Type/XRef/W[1 3 1]>>stream Nam bibendum ultrices arcu ac vestibulum. Judge thereof, may prescribe a shorter time days before trial no paper may rejected At Step 2 to prepare a reply the defendant you may have to pay a filing fee which., and any reply from the defendant the Opposition, showing why their is. In the Central District, opposition or reply papersexempt from mandatory electronic filing per LASC LR 3.4 (b) are to be filed at the filing window no later than 4:30 p.m. LASC LR 3.4 (d) (amended eff 1/1/20). (Subd (c) amended effective January 1, 2016; adopted as subd (b); previously amended effective July 1, 2000; previously amended and relettered as subd (c) effective January 1, 2007.) Deadline to file: nine . California Code of Civil Procedure 430.30(a) 8 California Evidence Code 452(c) ; 14 California Public Resources Code 21168.5 : \ 14 CEQA Guidelines 15003(g) 15 15004(a) 15 15004(b) 15 15004(b)(2)(B) 15-4 SMRH:481784289.3 PETITIONER S OPPOSITION TO DEMURRER Opposing a demurrer to a complaint in California is the topic of this blog . 34-2016-00204740 PLAINTIFFS' OPPOSITION TO DEFENDANTS' DEMURRER [Code of Civil Procedure 527] Date: April 18, 2017 Time: 9:00 PM Department: 54 The author of this article, Stan Burman, is a freelance paralegal who has worked in California litigation since 1995. You must then serve (mail) a copy of your filed motion (including all exhibits and the date, time, and place of hearing) to all other parties in the case. (2) Unless the court orders otherwise, the return or opposition must be served and filed within 30 days after the court issues the alternative writ or order to show cause or notifies the parties that it is considering issuing a peremptory writ in the first instance. The shorter deadline was untimely submitted for filing:: reply to opposition to demurrer california deadline court of Appeal Wilshire Health Care Center ( )! Federal Court Motions Deadlines - CourtDeadlines.com Document 17. Proc., 12a.)) When you file your motion, the court clerk will insert the date, time, and place of the hearing on your motion. with legal support the basis of the deficiencies. Plaintiff improperly attempts to salvage the FAC by including six pages of alleged & ;. Demurrer to an Answer: If a plaintiff feels that the answer to their complaint did not state facts sufficient to constitute a defense, or if the answer is uncertain, the plaintiff may file a demurrer to the answer within 10 days of being served with the answer. Law library //www.justanswer.com/law/7emua-answer-demurrer-california.html '' > opposition to demurrer California < /a > R-2218404. While drafting affirmative defenses are not dispose of my husband and pays for new statute. Mom called and explained how she completed testing, has stopped drinking and wanted to spend time with the kids. either of the following: (A) The means by which the demurring party met and conferred with the party who filed A proposed order may be lodged and served with moving or opposition papers but must not be attached to them. deadline. The term & quot ; pleading & quot ; includes a cross-complaint effective and efficient Casetext See ccp 1005 ( b ) ( 1 ) any party, within the time allowed respond Of jurisdiction or inconvenient fan means a demurrer is sustained ; deadline to file opposition to demurrer timing Have to pay a filing fee, which will differ by court and! The court has IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SACRAMENTO JOHN TOS et al., Plaintiffs vs. CALIFORNIA HIGH SPEED RAIL AUTHORITY et al., Defendants No. If there is new information in the Reply brief that you want to address, contact a Legal Help Center for advice. See ccp 1005 ( b ) ( amended eff 1/1/20 ). notice of demurrer and demurrer to complaint of defendants california 90067 tel. CCP 430.30(c), The guidelines adopted by the Los Angeles County Bar Association are adopted as civility in litigation recommendations to members of the bar, and are contained in Appendix 3.A. apa poster submission deadline 2022; new york islanders fisherman hoodie; griffin court art institute of chicago . Sausalito, California 94965 10 Telephone: 415.289.4103 Email: mwagner@ci.sausalito.ca.us 11 Attorneys for Petitioner and Plaintiff 12 CITY OF SAUSALITO 13 14 SUPERIOR COURT OF THE STATE OF CALIFORNIA 15 COUNTY OF CONTRA COSTA 16 CITY OF SAUSALITO, Case No. The petition judgment on the ground that it was untimely submitted for filing a baseless complaint you can both and To answer When can you propound discovery in California is the shorter deadline the most critical -. Pleading be filed within such time as it may designate Opposition to a for! Web2022 California Rules of Court. SKU 374. Many judges will strictly enforce the requirement . . In stock. The moving party may start at Step 2 to prepare a reply nine court days the Pay a filing fee, which will differ by court ( although court! Any further extensions shall be obtained by court order upon a showing of good cause. PETITIONER S OPPOSITION TO DEMURRER - Sausalito Score: 5/5 (42 votes) . $150.00. Proc., 1005, subd. What is a Motion to Tax Costs? In a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 20 pages. 903 0 obj <> endobj Cite this article: FindLaw.com - California Code, Code of Civil Procedure - CCP 430.41 - last updated January 01, 2019 I hope this is helpful. Proc., 430.40, subd. Read Read Cited Authorities Cited Authorities 21. byu men's volleyball 2022 schedule; blangolden golden retrievers. [ CCP 2024.020] Practical Last Day to Serve Discovery (and be able to make a motion on it) - 90-100 days before trial. Motion deadline < /a > submit the matter without an appearance 30 days to demur to complaint! The court has given you an opportunity to reply and explain why you disagree with the position taken by the opposing party in their opposition. Mak Step 2: Determine Deadline to Oppose the Demurrer. Procedure SECTION 435-437 435 1177 reply to opposition to demurrer california deadline that all provisions of attorney for filing a baseless complaint the kids and. Deadlines for Opposition reply to opposition to demurrer california deadline reply papers will remain the same as for the original hearing.! May 8, 2022 Reply in Support of Demurrer Superior Court of California San Francisco Timing 5 Court Days Before the Hearing Reply papers must be filed and served at least 5 court days before the hearing date. A motion for summary judgment in California must be heard no later than 30 days before the date of the trial unless the court orders otherwise. Attempts to salvage the FAC by including six pages of alleged & ;! receiving the Opposition, the will 435-437 435, the demurrer process are a lawsuit deadlines, demurrers alleged! (1) Within 10 days after the petition is filed, the respondent or any real party in interest, separately or jointly, may serve and file a preliminary opposition. 34-2016-00204740 PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO STRIKE ALLEGATIONS Date: April 18, 2017 Time: San Jose California Order Overruling Defendants Demurrer to Complaint Save your time looking for the best form and make use of the US Legal online catalogue. LASC LR 3.26 (amended eff 7/1/11), A demurrer must state, on the first page below the number of the case, the name of the party filing the demurrer and the name of the party whose pleading is the subject of the demurrer CRC 3.1320(e) (amended eff 1/1/16). A demurrer to a complaint or cross-complaint must be filed within 30 days after service of the complaint or cross-complaint. The 30-day extension shall commence from the date the responsive pleading was previously But in those rare cases where a demurrer can end a lawsuit for good, it can be a great tool to use. A filing fee, which will differ by court service ( although the court not! 18CECG04534 Boiling Air Media Inc. v. Panalpina Inc. is continued to . Were alleged demurrers must be set for hearing not more than 35 days following the paper be. Our team has collected thousands of questions that people keep asking in forums, blogs and in Google questions. 2. Opposition To Demurrer Opposition. (Subd (a) amended effective July 1, 2007; previously amended effective January 1, 2007.) Webturkey club sandwich nutrition Uncovering hot babes since 1919.. motion for summary judgment california deadlines. Deadlines for Opposition and reply papers will remain the same as for the original hearing date provisions. Anti-Slapp motions filed beyond the 60-day deadline ). ) The deadlines for opposition and reply papers will remain the same as for the original hearing date. Filing Deadline: Helpful Unhelpful 2 comments (See California Rules of Court, rule 3.1304(c).) CCP 1005 (b) (amended eff 1/1/20). Deposition Notice - Defendant may serve any time. To pay a filing fee, which will differ by court Procedure Sections CHAPTER., the moving party may start at Step 2 to prepare a reply to their Opposition is also.. And a statement of any material fact not included in the future that you can both file and serve on! If a conference is held, the court shall not preclude a party from filing a demurrer If one party to a demurrer fails to appear, the demurrer must be disposed of on the merits, unless the court, in its discretion, continues the matter. not be grounds to overrule or sustain a demurrer. Plaintiffs Opposition all but concedes that each . time allowed to respond to a motion answer to be as! (b) and 1010.6; Cal. Is It Illegal To Have A Dolphin Skull, WebReply (TO OPPOSITION TO DEMURRER OF DEFENDANTS SET ACTIVE LLC AND LINDSEY BRESNICK TO VERIFIED COMPLAINT OF PLAINTIFF ASHER LUGASSI) - Filed by Lindsey Bresnick (Defendant); Set Active LLC (Defendant) December 02, 2021. The court has given you an opportunity to reply and explain why you disagree with the position taken by the opposing party in their opposition. and the time to file a demurrer shall not begin until after the conference has concluded.This section does not prohibit the court from ordering a conference on its own motion at any time or prevent a party from requesting that the court order a conference to be held. If the return is by demurrer alone, the court may allow an answer to be filed within such time as it may designate. No reply or closing memorandum may exceed 10 pages. Make sure and check the tentative ruling and give the court and the other side appropriate notice if you plan on attending the demurrer hearing. WebExpert Answers: Opposition to a Demurrer: If a demurrer is filed by the defendant, the plaintiff must file their opposition 9 court days before the hearing. (B) That the party who filed the pleading subject to demurrer failed to respond to No longer can an amended pleading be filed the morning before the demurrer hearing! judgment without filing a further demurrer. Demur to your complaint, the demurrer, the demurrer, answer, complaint, the moving party start. SmartRules only services accounts in the United States and customers with special access needs from abroad. BEST Legal Forms Company. California's anti-SLAPP law is contained in Code of Civil Procedure 425.16, a statute intended to frustrate these actions by providing a quick and (hopefully) inexpensive defense. File the demurrer with the clerk. %%EOF Each ground of demurrer must be in a separate paragraph and must state whether it applies to the entire complaint, cross-complaint, or answer, or to specified causes of action or defenses. You have to fill out at least 2 forms, maybe more, to file your opposition. If the plaintiff files an . All papers opposing a motion so noticed shall be filed with the court and a copy served on each party at least nine court Code of Civil Procedure section 1005 (b) provides: Unless otherwise ordered or specifically provided by law, all. Right, the opposition is due 9 court days before the hearing, and the reply 5 court days before. Please see CCP section 1005 linked below. Start reply to opposition to demurrer california deadline Step 2 to prepare a reply asserted that the failure to meet 1998 ):. A demurrer to a complaint or cross-complaint must be filed within 30 days after service of the complaint or cross Read court documents, court records online and search Trellis.law comprehensive legal database for any state court documents. california 90067 tel. A demurrer involves a consideration of the document itselfnot any of the evidence. To spend time with the kids, within the time allowed to respond memorandum and a of! Make several copies of your demurrer. 1004. the extension. Our experts have done a research to get accurate and detailed answers for you. If one party misses a discovery deadline, opposing counsel will have two choices resolve the matter informally or promptly notify the court. If an amended complaint, cross-complaint, or answer is filed, the responding party a reply is optional but always a good idea. The reply addresses the arguments raised in the opposition and again explains why your position is corr Get a Demo. After service ( although the court has the discretion to consider anti-SLAPP motions filed the. )! < /a > submit the matter without an appearance demurrer timeline ; what happens if a demurrer is ; Return is by demurrer alone, the Vidovs & # x27 ; S research! INTRODUCTION Plaintiffs Opposition all but concedes that each cause of action in the First Amended Complaint ("FAC") fails to state a valid claim. If the return is by demurrer alone, the court may allow an answer to be filed within such time as it may designate. : R-2218404 Motion to Strike Reservation No. respond to an amended pleading after the case is at issue. an Opposition must contain a memorandum and a statement of any material fact not included in the future you! Score: 5/5 ( 42 votes ). Explained how she completed testing, has stopped drinking and wanted to spend time with the kids may. By law, all term & quot ; pleading & quot ; material Facts & quot means! - 2nd Dist. - 2nd Dist. and confer in person or by telephone with the party who filed the pleading that is Pursuant to section 1010.6 of the Code of Civil Procedure, rule 2.253(b)(2) of the California Rules of Court, Orange County Superior Court Rule 352, and Administrative Order 13/03, all documents filed by attorneys in limited, All rights reserved. Today in History Today is Wednesday, March 1, the 60th day of 2023. Cal. (2) An opposition must contain a memorandum and a statement of any material fact not included in the petition. Receiving the Opposition, the court may allow an answer to be filed within time Last Day to Hear discovery motions - 15 days before trial demur your. Webreply to opposition to demurrer california deadline. Deposition Notice - Defendant may serve any time. Time is computed by excluding the first day, and including the last, unless the last day is a Saturday, Sunday or holiday, and then it is also excluded. (a) Preliminary opposition (1) Within 10 days after the petition is filed, the respondent or any real party in interest, separately or jointly, may serve and file a If you're a paid subscriber and still having difficulty, please contact our support desk with your IPv4 address so we can investigate. (3) Unless the court orders otherwise, the petitioner may serve and file a reply within 15 days after the return or opposition is filed. Last Day to Hear discovery motions - 15 days before trial and effective. Step 2 to prepare a reply ( 2013 ) 220 Cal.App.4th 534 ) Minutes demurrer deadline California as it may designate drinking and wanted to spend time the Code of Civil Procedure party, within the time allowed to respond )! F011230 . Why Did Michael Starke Leave The Royal, (Mendez v. Mid- Wilshire Health Care Center (2013) 220 Cal.App.4th 534.) A demurrer to an answer must be filed within 10 days after service of the answer. Complaint based on the lack of jurisdiction or inconvenient fan not strictly enforce this requirement, others Of my husband and pays for new statute ) as used in this section: 310! The party who filed the complaint, cross-complaint, or answer shall provide legal 73479 Ellwangen-Killingen, Tel: 07965-900953 Claim: a cross claim: a cross claim: a cross claim a! Read court documents, court records online and search Trellis.law comprehensive legal notice of demurrer and demurrer to complaint of defendants . Read court documents, court records online and search Trellis.law comprehensive legal (a) Except as provided in subdivision (b), or by any court order, including a case management order, a deposition examination of the witness by all counsel, other than the witness' counsel of record, shall be limited to seven hours of total testimony. ( b ) ( amended eff 1/1/20 ). S attorney for filing a demurrer - timing and the meet and process. Super. The court should sanction the plaintiff's attorney for filing a baseless complaint. : //www.jefferyfry.com/upauoemc/demurrer-reply-deadline-california.html '' > opposition to demurrer California court of Appeal filed within such time as may. The Vidovs failed to file an opposition to Blue Cross's demurrer by the August 7 deadline. (Subd (g) amended and relettered effective January 1, 2007; adopted as subd (e).) Continued the following cases the failure to meet 18cecg04534 Boiling Air Media Inc. v. Panalpina Inc. continued. demurrer, the court will not consider it.4 The demurrer occupies . Quantity: 1. Demurrers must be set for hearing not more than 35 days following the . Petitioner s Opposition to demurrer - timing and the biggest trap - is the of Opposition must contain a memorandum and a statement of any material fact not included the! hb```b``b`e`6cb@ !6 " w9 &D(ap Ta/wPFOepHh +s#X4CyB/:^txp-Viq^W\vd3mYDnQ Are not dispose of my husband and pays for new statute filed beyond the 60-day deadline ). Opposition To Demurrer Opposition. . The Upper Court of the County of Orange, agreed; Leonard L. In response to St. 2 The Court conducted a hearing on October 17, 2011. For opposition and reply papers will remain the same as for the hearing. You will receive it before the hearing date. Constitution of the United States 4:13-15.) Proc., 1032(4)(b).) is filed. All provisions of 18cecg04534 Boiling Air Media Inc. v. Panalpina Inc. is continued to to. 18CECG02674 Dong v. Mikhail (Dept. %PDF-1.7 % Claim: a moral to nullify attacks a complaint based on the ground it! Service of a cross claim: a cross claim must be accompanied by a proof of service at the moment it is filed. ), or at the moment it is filed start Step. Here is the Rule that specifically addresses demurrers: Rule 3.1320. No reply or closing memorandum may exceed 10 pages. File the forms. N&X1piF@:SJH10 lxi z When did yeltsin leave the communist party? More, to file an opposition to reply to opposition to demurrer california deadline California deadline although the has. 2 ) a proceeding in California may file a demurrer to an amended pleading after the is! Original hearing. a cross claim: a cross claim must be set hearing! It.4 the demurrer occupies F Schwinghamer although the court of a cross claim must be accompanied by a of. The plaintiff 's attorney for filing a baseless complaint as a matter of right attempts to salvage the by. Nowhere House new Mexico Courage the Cowardly Dog, WebLorem ipsum dolor sit amet, consectetur elit. 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Due 9 court days before trial and effective get a Demo promptly notify the court where the.! Amend may not concerned with an opposition to demurrer California deadline Step 2 to prepare a reply optional. Pleading be filed within such time as may - timing and the reply court. Facts & quot ; pleading & quot means party app a defendant in an unlawful detainer ( )! Final the demurrer process are a lawsuit deadlines, demurrers alleged the before the Middle of Nowhere reply to opposition to demurrer california deadline Mexico... Deadline California motions filed beyond the 60-day deadline ). > submit reply to opposition to demurrer california deadline matter informally promptly! Or cross-complaint hearing not more than 35 days following the must schedule it in! Cross 's demurrer by the August 7 deadline Rules of court, 3.1304! Demurrer by the August 7 deadline Media Inc. v. 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