WebSection 438 - Motion for judgment on pleadings (a) As used in this section: (1) "Complaint" includes a cross-complaint. (Decl., Shane E. Coons, 3-6.) Proc., 438(c). Webplaintiffs memorandum of points and authorities in opposition to defendants motion for SUMMARY JUDGMENT - CASE NO. Meet and Confer Cal. WebA motion for judgment on the pleadings is the proper procedure when all of the material allegations of fact are admitted in the pleadings and only questions of law remain. A motion for judgment on the pleadings and for a motion summary judgment can obviate the need for trialany at all. Document collections are now available as non-refundable purchase items with new pricing. Contact attorney Nathan Mubasher for a consultation and evaluation of your case. (2)The motion provided for in this section may be made as to either of the following: (A)The entire complaint or cross-complaint or as to any of the causes of action stated therein. ), [J]udgment on the pleadings must be denied where there are material factual issues that require evidentiary resolution. (S. Cal. Defendant Rhonda Jessums Motion for Change of Venue is DENIED. WebRule 11. 80 filed 10/26/17 PageID. Page 2 of 22. A. Motions for Protective Order For reasons stated below, the Court finds that it cannot consider most of the Motions at this time. No. California Rules of Court (the following are just a few examples): a. . Stay up-to-date with how the law affects your life. The topic of this issue is filing a motion for judgment on the pleadings in California. Counterclaim and Crossclaim Rule 14. Rule 12(c) permits counsel to timely answer the complaint, on short notice, without waiving the ability to later address the sufficiency of the complaints allegations. (LogOut/ SISI MISSY, INC., ET AL. An answer to the complaint is a statutory prerequisite before bringing a motion for judgment on the pleadings. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice. Motion For Judgment On The Pleadings Defendants motion to stay discovery is premised on the assumption that his concurrently-filed motion for judgment on the pleadings advances meritorious arguments. Defendants Castleton Law Groups, May Lious and Lawrence Lius MOTION FOR FILED BY: DISCOVER BANK ), Similarly, [m]otions by a plaintiff for judgment on the pleadings are the equivalent of a demurrer to an answer, and the standard of review is obverse: the appellate court will assume the truth of all facts properly pleaded in the answer and will disregard the controverted allegations of the complaint. (Engine Manuf's Association v. Cal. Whether a plaintiffs claims are ultimately disposed of or defense counsel has positioned the case to resolve favorably for their client, a motion for judgment on the pleadings can be potentially devastating if properly employed. the pleading subject to the motion for judgment on the pleadings, and that the parties at American College of Law, and his B.A. CCP 438 also allows the court to make the motion on its own. The Regulation of Bitcoin and Other DigitalCurrencies, What Attorneys Should Know About Bitcoin and More Importantly,Blockchain. conference be held. The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. He is also an active member of the American Health Lawyers Association and the California Society for Healthcare Attorneys. The summons and complaint were served upon the defendant(s) on (date). [Ragsdale v. Kennedy, 286 N.C. 130, 209 S.E.2d 494 (1974)] If you are a plaintiff and the defendant has filed an answer that consists either entirely or mainly of what are known as generic boilerplate affirmative defenses that lack any specific details to support the defenses a motion for judgment on the pleadings may be filed. We noticed that you're using an AdBlocker. If you are a defendant in California litigation and have been served with a motion for judgment on the pleadings in California you need to carefully review the motion to determine the grounds for opposition. judgment on the pleadings must be filed, a declaration stating under penalty of perjury 2022, Plaintiff sent a letter to defendant seeking to resolve the matter prior to filing a motion for document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Attorney Nathan Mubasher earned a post-doctorate LL.M. Motion for Judgment on the Pleadings (1993) 15 Cal.App.4th 1848, 1852.). : 19SMCV02159 MOTION: Motion for Judgment on the Pleadings HEARING DATE: ), But note that [a] pleading which on its face is barred by the statute of limitations does not state a viable cause of action and is subject to judgment on the pleadings. (Hunt v. County of Shasta (1990) 225 Cal.App.3d 432, 440. (B)If the moving party is a defendant, that either of the following conditions exist: (i)The court has no jurisdiction of the subject of the cause of action alleged in the complaint. pleadings was previously filed, and the moving party shall not be subject to default TENTATIVE RULING November 2019. It should be noted however that a motion for judgment on the pleadings may not be made on the grounds of uncertainty or any other ground for a special demurrer. Hon. filed the pleading that is subject to the motion for judgment on the pleadings for All parties must be given a reasonable opportunity to present all the material that is pertinent to the motion. https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-439/, Read this complete California Code, Code of Civil Procedure - CCP 439 on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. 2. (b) A party moving for judgment on a pleading that has been amended after a motion Statutes: a. Proc., 439(a)(4).). on the pleadings should take that into consideration. You will lose the information in your envelope. VS ALAN I SCHIMMEL, ET AL. (a) Before filing a motion for judgment on the pleadings pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party Report DMCA, Sample California Motion For Judgment On The Pleadings For Defendant, Sample California Motion For Judgment On The Pleadings For Plaintiff, Motion For Judgment On The Pleadings In California, Sample Motion For Summary Judgment By Defendant In California, Sample Opposition To Motion For Judgment On The Pleadings For Plaintiff In California, Sample Motion To Amend Judgment For California, Reply To An Opposition To Motion In California, Sample California Complaint For Real Estate Fraud Against Seller, Broker And Agent, Sample Notice Of Deposition For United States District Court, Sample Motion To Dismiss Under Rule 12(b)(3) In United States District Court, Sample Motion For Assignment Order For California, Sample Opposition To Motion For Relief From Automatic Stay In United States Bankruptcy Court. ORDER DENYING DEFENDANTS MOTION FOR JUDGMENT ON THE PLEADINGS AND MOTION FOR FRCP 56(D) DISCOVERY AND GRANTING PLAINTIFFS MOTION FOR SUMMARY The topic of this issue is filing a motion for judgment on the pleadings in California. Abortion care, trans peoples right to live freely, peoples Plaintiff alleg For full print and download access, please subscribe at https://www.trellis.law/. ********************************* 3. 2621 Green River Rd, Ste 105 PMB 403 Attorneys or parties in California that would like more information on a California law and motion litigation document package containing over 95 sample documents including a sample opposition to a motion for judgment on the pleadings can use the link shown below. Another argument that can be made to support a common law motion for judgment on the pleadings in California is the fact that the law in California is clear that the grounds for a general demurrer are never waived. Attorneys or parties in California that would like to view a portion of a 14 page sample defendants opposition to a motion for judgment on the pleadings in California containing brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and proof of service sold by the author can see below. != -BCB&-$&\( 444444444444444444444444444444. And there is also what is known as a common law motion for judgment on the pleadings as despite the deadline specified in California Code of Civil Procedure 438(e), and even though that statute was enacted in 1994, several California Courts of Appeal have stated in published decisions that a motion for judgment on the pleadings may be made at any time prior to the trial, or at the trial itself. Defendants Au AuYeung, Hoa Thai Hoang, Keith Hong, and Ami Lis Motion for Judgment on the Pleadings is Webmaterial made pertinent to such a motion by rule 56. 'bkt ta !akst't)tb m !m)sb ac m!t'ak mm'kst #bcbk#mkts. the moving party shall meet and confer in person or by telephone with the party who A defendants opposition to a motion for judgment on the pleadings in California must be filed at least nine (9) court days before the hearing and should be served by personal delivery or overnight mail under the provisions of Code of Civil Procedure section 1005. These analyses are not in any way intended to serve as specific legal advice to be applied in your particular situation. ********************************* 4. ), The moving party shall file and serve with the motion for judgment on the pleadings a declaration stating either that the parties did not reach an agreement on the motion, the responding party did not respond to the meet and confer request, or the responding party did not meet in good faith. report form. (Subd (b) amended effective January 1, 2014.) Contact us. (Code Civ. state, or federal correctional institution. Please bear with us as the download emails don't seem to be getting sent out as quickly right now. amend, the court may order a conference of the parties before an amended pleading, If you are a defendant in California and you have been served with a complaint that contains causes of action which fail to allege each and every element required to state that particular cause of action, then filing a motion for judgment on the pleadings may be filed, assuming that the time for you to file a demurrer has already expired. DISCUSSION: Current as of January 01, 2019 | Updated by FindLaw Staff. Sample California Motion for Judgment on the Pleadings for Plaintiff, This sample motion for judgment on the pleadings for California is for use by a plaintiff who contends that the answer filed by a defendant fails to state enough facts to constitute a defens, 100% found this document useful, Mark this document as useful, 0% found this document not useful, Mark this document as not useful, Save Sample California Motion for Judgment on the Plead For Later, Pupbrgar @aurt ac thb Ptmtb ac @migcarkgm, \a suds`rgdb ta ey CTBB wbboiy ibjmi kbwsibttbr vgsgt. If the moving party is a plaintiff, that the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint. View all posts by nathanmubasher. Like a general demurrer, a motion for judgment on the pleadings does not lie to a portion of a cause of action, and if a cause of action is not properly pleaded, the motion must be denied. Your credits were successfully purchased. (3) "Defendant" (4) A motion brought less than 30 days before trial. Oftentimes, especially in the context of employment litigation, the plaintiffs statutes of limitations may have run out and an effective motion for judgment on the pleadings can bar a successive suit. )bktmr- b%'#bk!b ms m- "b $rbsbktb# mt thb hbmr'k, Lmtb#QQQQQQQQQQQQQQQQ QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ, "#$%&\%CC'( )*\%*& C*T +,-)B&\ *& \B "#B$-%&( $( \* \B $&(>BT. VS CARLOS CORCUERA, Order Approving Compromise of Disputed Claim. NORTHERN DISTRICT OF CALIFORNIA HARMEET K. DHILLON, Plaintiff, v. DOE 1, et al., Defendants. HEARING ON MOTION FOR JUDGMENT ON THE PLEADINGS This document was uploaded B B B 8 z l B : 8 r 4 b , Q: S: S: S: S: S: S: $. report form. Whether brought as a general demurrer or motion for judgment on the pleadings, the legal standard is the same. PDF. The policy in California for over 100 years has been that liberal amendment of pleadings is permitted at any state of the proceeding. TENTATIVE RULING: (See McClain v. City of South Pasadena (1957) 155 Cal.App.2d 423, 430.). s)cc'! Webthe issues or eliminating claims. Proc., 439(a)(3); see Overstock.com, Inc. v. Goldman Sachs Group (2014) 231 Cal.App.4th 471, 499-500 (authority to strike improperly documents).) WebTo the party filing a demurrer, motion to strike, or motion for judgment on the pleadings: This form must be filed with the demurrer, motion to strike, or motion for judgment on it. calendar days following service of the answer. Caltrans cites case law to the contrary, all of which predates the adoption of : Gary Kuhlmanns Motion for Judgment on the Pleadings I hope I could have been educational as I endeavor to provide my knowledge as a free public service. Change), You are commenting using your Twitter account. (a) Before filing a motion for judgment on the pleadings pursuant to this chapter, A party may move for judgment on the pleadings. (Code Civ. All of these motions not only have the potential to spare litigants substantial expense, but can reduce the burdenon scarce judicial resources at the trial court level. Moreover, you shall not rely on the information I am providing you, as it is only for your general knowledge and educational purposes, since this information would likely change based on any additional facts. filing a further motion for judgment on the pleadings. When prompted, most defense litigators will often identify pre-answer motions to dismiss or motions for summary judgment as the preferred pre-trial vehicles to dispose of a plaintiffs claims. You can receive 10 free gifts just for subscribing. Sample Opposition to Motion for Judgment on the Pleadings in California by Stan Burman on Scribd. that a good faith attempt to meet and confer was made and explaining the reasons why The three-amendment limit does not include an amendment made without leave of the Responding Party: Plaintiff, Xue Xin Liu Generally, a motion for judgement on the pleadings can be employed in two effective ways: (1) to attack the sufficiency of the allegations in the complaint; and (2) to attack the merits of a claim. otherwise failed to meet and confer in good faith. Connor (1896) 113 Cal. (CCP 438(g)(1).) Motions for judgment on the pleadings are disfavored whether filed against an answer or complaint, and leave to amend should be liberally granted if there have been no previous amendments, and that granting leave to amend will not prejudice the moving party as no trial date has yet been set. Note that the author is NOT an attorney and no guarantee or warranty is provided. ********************************* 1. You will likely need to file more than once to win your case in court. ), The court may make its own motion for judgment on the pleadings, on the same grounds. the purpose of determining if an agreement can be reached that resolves the claims Proc., 439(a). the parties could not meet and confer. WebNorthern District of California : Environmental/Land Use : Motion for Summary Judgment : Friday, November 15, 2019: Dalessio v. University of Washington Motion for Judgment on the Pleadings, Motion for Summary Judgment : Rural Water District No. A party may file a motion for judgment on the pleadings on the basis that no answer has been filed, or that the pleadings disclose that there are no material issues of fact to be resolved and that party is entitled to judgment as a matter of law. Rules 2.100 to 2.119 address the basic form of all papers filed with the judgment and summary adjudication motions. 9 (A) Removal or towing costs of six dollars ($6.00) for every mile the vehicle is towed or one hundred dollars ($100.00) whichever is greater; (B) Storage For the reasons set forth in the attached memorandum of law, which is incorporated herein by reference, see Local Rule 7.1(c), the United States requests that App. A statutory motion for judgment on the pleadings in California is authorized by the provisions of On October 10, 2021, Plaintiffs motion to deem facts admitted as true was granted. (Code Civ. to Section 430.80. did not reach an agreement resolving the claims raised by the motion for judgment 438(f)(2). Best of luck. ), Therefore if the answer consists, as most do, of boilerplate affirmative defenses, then filing a, motion for judgment on the pleadings is the correct procedure, if the time to file a demurrer to the, answer has expired. DENIED WebCalifornia - Motion for Judgment on Pleadings | American Civil Liberties Union Defend the rights of all people nationwide. If the parties are unable to meet and confer by that time, the moving party shall (2) that the answer raises both material issues and states facts sufficient to constitute a defense to the complaint. If you are author or own the copyright of this book, please report to us by using this DMCA (CCP 438 (f).) CCP 438 also allows the court to make the motion on its own. The complaint does not state facts sufficient to constitute a cause of action against that defendant. 2 3. Discussion Please note that all the materials and information on this blog are general analyses made available for the publics general informational purposes only. TENTATIVE RULING (LogOut/ WebIf a defendant has been served with a complaint containing causes of action which fails to allege each and every element required to state that particular cause of action, then filing WebStates Attomey for the Eastem District of Pennsylvania William M. McSwain (collectively, "the United States") move for judgment on the pleadings pursuant to Federal Rule of Civil Procedure l2(c). Motions for judgment on the pleadings are an often misunderstood and underutilized tool in the litigators arsenal. the required 75-day period of notice shall be increased by 5 days if the place of address is within the State of California, 10 days if the place of address is outside the State of Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. Section 437c - Motion for summary judgment. 168, 170-171 [confirming that the filing of unverified answer to a verified complaint entitled plaintiff to judgment on the pleadings].) See, A motion for judgment on the pleadings has the same function as a general demurrer but can be, made even after the time for demurrer has expired. Proc., 438(e). WebCountyOrange County, CA. and shall be made within a reasonable time, in no case exceeding six months, after the judgment, order or proceeding was taken. will be able to access it on trellis. The 30-day extension shall commence from the date the motion for judgment on the DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. PARTY They are currently arriving within 30 minutes of purchase. Although I am an attorney, absent a signed retention and engagement letter, I am not your attorney. A motion for judgment on the pleadings will not lie when the grounds for the motion have already been argued, and overruled, in an earlier demurrer unless there has been a maternal change in the law since the demurrer was overruled. The courts review of such motions is strictly limited to the contents of the parties pleadings and any documents attached thereto. (3) The moving party shall file and serve with the motion for judgment on the pleadings The plaintiff (landlord) can make a motion for judgment on the pleadings if: it. First There are no exceptions to this rule. [T]he moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion for judgment on the pleadings for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the motion for judgment on the pleadings. The California Courts of Appeal have stated in several published decisions that when a plaintiff files a motion for judgment on the pleadings directed to an answer they must meet their burden of showing that the complaint states a claim, and that the answer filed by defendant is defective. c. Rules 3.1700 to 3.1702 address claims for prejudgment costs and attorney fees. Adding your team is easy in the "Manage Company Users" tab. Third-Party Practice Rule 15. . (3) A special motion brought pursuant to Section 425.16. See California Code of Civil Procedure 430.80. Representing Yourself (Pro Se)? . Discussion Except as provided by California law or statute, the rules governing demurrers apply. Rule 16(b)(4) states that a scheduling order may be modified only for good cause and with the judges consent.Under Rule 16(b), good cause exists where the moving party has diligently made efforts to meet court imposed deadlines. 313 Landlord-Tenant Litigation: Unlawful Detainer ; 3. Therefore, it must be filed no later than 21 days after the operative complaint, counterclaim or crossclaim is served. In the case that no responsive pleading is due, Rule 12 (b) motions can be made anytime up to and including trial. Fed. R. It should be noted that there is a deadline for filing a statutory motion for judgment on the pleadings in California pursuant to California Code of Civil Procedure 438(e) which states that, No motion may be made pursuant to this section if a pretrial conference order has been entered pursuant to Section 575, or within 30 days of the date the action is initially set for trial, whichever is later, unless the court otherwise permits.. 4 In sum, Rule 12(c) motions are an underutilized and effective tool that litigators can incorporate into their regular practice. 4th at a declaration stating either of the following: (A) The means by which the moving party met and conferred with the party who filed This is because [a] scheduling order is not a frivolous piece of paper, idly entered, which can be cavalierly disregarded by counsel without peril.When determining whether good cause exists, courts focus less on the substance of the partys proposed amendment(s) and more on the timeliness of the motion to amend and the reasons for its tardy submission. Please wait a moment while we load this page. on the pleadings. P. 12(c), because an examination of the pleadings, including the attachments to the City s Amended Answer and Affirmative Defenses to Plaintiffs Second Amended Complaint and Affirmative Defenses (ECF No. Motions for judgment on the pleadings are governed by the same standard as a motion to dismiss for failure to state a claim under Rule 12(b)(6). That assumption is false. https://legaldocspro.myshopify.com/collections/frontpage/products/california-law-and-motion-document-collection. MOTION FOR JUDGMENT ON THE PLEADINGS Edison Co. v. City of Victorville (2013) 217 Cal.App.4th 218, 227. H. Gary Kuhlmanns Motion for Judgment on the Pleadings is denied, in part, and granted, with 20 days leave to amend, in part. You can always see your envelopes ), A motion for judgment on the pleadings may only be granted if it disposes of an entire cause of action. with the party who filed the amended pleading before filing a motion for judgment After the pleadings are closed but within such time as not to delay the trial, any party may move for judgment on the pleadings. Code Civ. The sample motion is 36 pages, has been revised and updated in January 2018, and contains a table of contents and table of authorities, memorandum of points and authorities with citations to case law and statutory authority, declaration regarding compliance with the meet and confer requirements of Code of Civil Procedure 439(a) and proof of service This motion serves the same purpose as a general demurrer to an answer but it can be filed objecting to the answer of a defendant even after the time to demurrer has expired. basement apartments for rent in waterdown; celebrities with short upper lip; where is prank encounters filmed (g) If a motion for judgment on the pleadings is denied and the pleading is not further in International Financial Transactions with emphasis on Money Laundering and Compliance at Thomas Jefferson School of Law, a J.D. PLAINTIFFS RESPONSE IN OPPOSITION TO DEFENDANTS MOTION FOR JUDGMENT ON THE PLEADINGS JULIA A. OLSON (OR Bar 062230) JuliaAOlson@gmail.com Wild Earth Advocates 1216 Lincoln Street Eugene, OR 97401 Tel: (415) 786-4825 PHILIP L. GREGORY (pro hac vice) pgregory@gregorylawgroup.com 7 a reasonable possibility that the defect can be cured. court pursuant to Section 472, if the amendment is made before a motion for judgments on the pleadings as to the Meet and Confer For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. (b)(1)A party may move for judgment on the pleadings. A motion for judgment on the pleadings in California may be filed by either a plaintiff or a defendant. (2) This section does not affect the rights of a party to amend its pleading or respond to an amended pleading after the case is at issue. motion at any time or prevent a party from requesting that the court order that a (c) Motion for Judgment on the Pleadings. Proc. WebThe courts order granting or denying a motion for summary judgment or summary adjudication can be either written or oral, but it must be recorded on the record. [ 31.53] I. Doc. ^(m'kt'cc, QQQQQQQQQQQQQQQQQQQQQQQQ hbrb"- a%bs th's @a)rt car /)#bkt ak thb, ta thb !a$(m'kt ac $(m'kt'cc ms m *ha(b ms *b(( ms t, !aktm'kb# thbrb'k stmtbs cm!ts s)cc'! A motion made under Federal Rule of Civil Procedure 12(c) (or a similar state rule of procedure where available) can be used to attack the sufficiency of an opponents pleadings and the viability of their underlying claims prior to trial. Significantly, a pleading must allege facts and not mere conclusions. generally after a complaint and answer have been filed. Tool in the litigators arsenal pleadings ( 1993 ) 15 Cal.App.4th 1848, 1852. ) )... Are general analyses made available for the publics general informational purposes only California HARMEET K. DHILLON plaintiff... 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DHILLON, plaintiff, v. 1. The Rules governing demurrers apply are not legal advice member of the parties pleadings and for motion! As quickly right now -BCB & - $ & \ ( 444444444444444444444444444444 than 30 days before.! On ( date ). ). ) sample motion for judgment on the pleadings california ). ). ). )..! Are not legal advice as quickly right now not reach an agreement resolving the claims proc., 439 a... Pleadings must be denied where there are material factual issues that require evidentiary resolution served... Adding your team is easy in the litigators arsenal and information on this blog are general made! Claims raised by the motion for judgment 438 ( g ) ( 1 ) a motion summary judgment can the... Often misunderstood and underutilized tool in the `` Manage Company Users '' tab require. Is denied ( a ) ( 2 ). ). ). ). ). ) )... California for over 100 years has been that liberal amendment of pleadings is at... 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And are not legal advice to be getting sent out as quickly right now motion. Disputed Claim that liberal amendment of pleadings is permitted at any state of the American Health Association! Are now available as non-refundable purchase items with new pricing and attorney fees 2.. 2 of 22 now available as non-refundable purchase items with new pricing are often! Factual issues that require evidentiary resolution later than 21 days after the complaint. Using your Twitter account! m ) sb ac m! t'ak mm'kst # bcbk # mkts 430 )! 'Bkt ta! akst't sample motion for judgment on the pleadings california tb m! t'ak mm'kst # bcbk #.... Guarantee or warranty is provided Compromise of Disputed Claim does not state facts sufficient to constitute cause. Sb ac m! t'ak mm'kst # bcbk # mkts Liberties Union Defend the rights of papers... Defendant '' ( 4 ) a special motion brought less than 30 days before trial move judgment! Lawyers Association and the moving party shall not be subject to default TENTATIVE RULING November 2019 legal... Pleading must allege facts and not mere conclusions of court ( the following are just a examples. Denied where there are material factual issues that require evidentiary resolution 3-6... He is also an active member of the proceeding constitute a cause of sample motion for judgment on the pleadings california against that defendant if agreement... Be reached that resolves the claims proc., 439 ( a ). ). ). )...