2024 Pub. 6 Issue 4

ISSUE 4, 2024 12 Getting to Know Kailey Hatfield‑Odero CNCDA NextGen Chair and CBT News 40 Under 40 Winner 16 CNCDA 2024 Annual Convention 24 TIME and Ally Financial Honor San Jose Dealer Shaun Del Grande Official Publication of the California New Car Dealers Association

Business Transactions • Buy-Sell Agreements • DMV, BAR, and other governmental approvals • Lender flooring and capital loan agreements • Entity formation and structure • Shareholder Agreements • Manufacturer approvals and relations • NMV non-profit association representation Estate Planning • Succession planning for businesses • Trust Agreements including lifetime benefit trusts • Gift and Estate Tax planning Tax • Property Tax planning, audits, and appeals • Federal estate and gift tax controversy audits • EDD Audits BUSINESS LAW | LITIGATION | ESTATE PLANNING | REAL ESTATE | TAX | EMPLOYMENT PRACTICES FERRUZZO & FERRUZZO, LLP | A Limited Liability Partnership, including Professional Corporations 3737 Birch Street, Suite 400, Newport Beach, California 92660 | PH: (949) 608-6900 | ferruzzo.com Business Litigation • Consumer Legal Remedies Act lawsuits • Sales and Service Agreements • Disputes before the CA New Motor Vehicle Board • Consumer claims regarding the sale of automobiles • Manufacturer audit disputes • Hearings before the AQMD, RWQC and OSHA Real Estate • Dealership site acquisition and dispositions • Lease agreements • Lender Opinion Letters Employment Practices • Wage and hour class action lawsuits • Private Attorneys General Act (PAGA) claims • Arbitration Agreements • Employer Handbooks and Employer Compliance Procedures Ferruzzo & Ferruzzo, LLP began providing legal representation to new car and truck dealers over four decades ago. Over the course of that time, one of the central goals of the firm has been to remain rooted in our client relationships. With the strength of over 25 attorneys, we provide a spectrum of legal services to support every aspect of running and owning your new car and/or truck dealership. We have practice groups in each area of the law that service the needs of you and your dealership.

6 PRESIDENT’S MESSAGE Tackling Challenges Together By Brian Maas, President, CNCDA 7 2025 Welcome Party 8 2024 Officers and Directors 10 2024 Sponsors 12 Getting to Know Kailey Hatfield-Odero CNCDA NextGen Chair and CBT News 40 Under 40 Winner 14 CNCDA 2024 Chairman’s Club 16 CNCDA 2024 Annual Convention Sept. 22-25, 2024 22 SAVE THE DATE CNCDA Dealer Day 2025 24 TIME and Ally Financial Honor San Jose Dealer Shaun Del Grande 28 2024 Annual Legislative Summary 30 MANNING LEAVER LEGAL LANE A Shift in Gear California Lemon Law Changes for Dealers By Gary H. Prudian, Esq., Partner, Manning, Leaver, Bruder & Berberich LLP 34 Serving California Dealers for Over 100 Years Why Join CNCDA? 36 Q3 2024 California Auto Outlook ©2024 California New Car Dealers Association (CNCDA) | The newsLINK Group LLC. All rights reserved. The California New Car Dealer Quarterly is published four times each year by The newsLINK Group LLC for the CNCDA and is the official publication for this association. The information contained in this publication is intended to provide general information for review, consideration and dealer education. The contents do not constitute legal advice and should not be relied on as such. If you need legal advice or assistance, it is strongly recommended that you contact an attorney as to your specific circumstances. The statements and opinions expressed in this publication are those of the individual authors and do not necessarily represent the views of the CNCDA, its board of directors or the publisher. Likewise, the appearance of advertisements within this publication does not constitute an endorsement or recommendation of any product or service advertised. The California New Car Dealer Quarterly is a collective work, and as such, some articles are submitted by authors who are independent of the CNCDA. While the California New Car Dealer Quarterly encourages a first-print policy, in cases where this is not possible, every effort has been made to comply with any known reprint guidelines or restrictions. Content may not be reproduced or reprinted without prior written permission. For further information, please contact the publisher at (855) 747-4003. 16 24 Contents ISSUE 4, 2024 1517 L St. Sacramento, CA 95814 www.cncda.org (916) 441-2599 Brian Maas President Michael Walsh, MBA Chief Financial Officer Anthony Bento Chief Legal Officer Autumn Heacox Director of Communications & Marketing Cathy Mason Director of Operations Rebecca Matulich Director of Events & Partnerships Kenton Stanhope Director of Government Affairs Andrea Daugherty Political Engagement Manager Lauren Johnston Membership Manager Liza Hernandez Staff Accountant Stacy Barawed Executive Assistant McKenna Bediamol Administrative Coordinator Jamie Cowden Administrative Assistant Les Swizer Legal & Regulatory Affairs Counsel Kim McPhaul CNCDA Foundation President Chad Matkowski Director of Philanthropy Sonny Davey Program Coordinator

Brian Maas, President, CNCDA PRESIDENT’S MESSAGE Tackling Challenges Together Dear members and friends, Reflecting on our recent CNCDA Annual Convention in Kona, one thing stood out to me: the invaluable insights shared by our dealer members with staff. Engagement of the attendees makes CNCDA stronger, and this year’s Dealer‑Only Meeting was a highlight of our convention. This open forum for real, honest discussion about the challenges we’re facing as an industry was invaluable to CNCDA leadership — so much so that we plan to expand this meeting next year to allow even more open dialogue on the issues that matter most to you and your dealership. 6 California New Car Dealer Quarterly

At this year’s meeting, three key topics were covered: zero emission vehicle (ZEV) mandates, the document processing charge and warranty reimbursement. • ZEV Mandates: Dealers made it clear that the California Air Resources Board’s (CARB) push for 100% ZEVs by 2035 brings uncertainty and real, significant operational concerns. Hearing your voices, not only will CNCDA continue to advocate for policies that allow for a reasonable and fair transition to ZEVs, but we are also taking action and having conversations now that will emphasize the realities of such a heavy ask of manufacturers, dealers and California’s motoring public. We are dedicated to ensuring a smooth EV transition at a reasonable pace for all Californians and especially our dealer members. • Document Processing Charge: The Document Processing Charge is a vital part of your operations. We understand the concerns surrounding current constraints, especially when California’s DPC is measured against the charge dealers from other states procure. Our staff is committed to helping increase this charge so that it remains both fair and reflective of the true costs of doing business in California. • Warranty Reimbursement: Warranty reimbursement rates have also been a point of concern for many of you. CNCDA will be working closely with legislators and manufacturers to ensure that the reimbursement structure is fair and reasonable, recognizing the costs associated with the critical service work you provide and the proper compensation for the work and services you provide to California’s vehicle owners. We heard you loud and clear during the Dealer-Only Meeting, and we’re taking action now. Your input is (and always has been) the cornerstone of our advocacy efforts. We are dedicated to ensuring your voice shapes our path forward as it remains at the heart of our staff’s daily operations and focus. As we respond to and address these concerns, we’re also keeping an eye on new potential threats, such as last year’s Amazon-Hyundai partnership and the recent Volkswagen Scout brand announcement. This move to sell directly to consumers directly contradicts California law — specifically AB 473, which CNCDA passed last year to protect our franchised dealers from having to compete with their manufacturers. This is a developing situation, and we are prepared to act and ensure your interests are protected as these issues unfold. Thank you for your continued engagement. I look forward to continuing the conversation as we tackle these challenges together. Best regards, Brian Maas, President California New Car Dealers Association 7 California New Car Dealer Quarterly

2024 Officers and Directors EXECUTIVE COMMITTEE DAVID SIMPSON Chairman Simpson Buick GMC Cadillac of Buena Park, Simpson Chevrolet of Garden Grove, Simpson Chevrolet of Irvine TONY TOOHEY Immediate Past Chairman Auburn Toyota RICK NIELLO Region 1 Vice President The Niello Company MARK NORMANDIN Region 2 Vice President Normandin Chrysler Dodge Jeep Ram BILL HATFIELD Region 3 Vice President Hatfield Buick GMC JARED HARDIN Region 4 Vice President Hardin Buick GMC ROBB HERNANDEZ Vice Chairman Camino Real Chevrolet SAL GONZALES Region 5 Vice President Culver City Volvo ANNE BOLAND Secretary/Treasurer Bob Smith BMW 8 California New Car Dealer Quarterly

DIRECTORS Randy Denham S.J. Denham Inc. Matthew Hall AutoNation Western Region Taz Harvey Dublin Mazda Rick Niello The Niello Company Tony Toohey Auburn Toyota Jessie Dosanjh Stevens Creek Chevrolet Ryan Fitzpatrick Coliseum Lexus of Oakland Dave Moeller City Toyota Mark Normandin Normandin Chrysler Jeep Dodge Ram Devinder Singh Bains Turlock Chrysler Dodge Jeep Ram Cheryl Bedford Sunset Auto Center Don Groppetti Nissan of Visalia Bill Hatfield Hatfield Buick GMC Ted Nicholas Three-Way Chevrolet Cadillac Ellena Sweet Fresno Acura James Graham Santa Margarita Ford Bruce Hamlin Guaranty Chevrolet Motors Inc. Jared Hardin Hardin Buick GMC John Oh Lexus of Westminster David Simpson Simpson Buick GMC Cadillac of Buena Park Anne Boland Bob Smith BMW Matt Browning Browning Automotive Group Sal Gonzales Culver City Volvo Rinaldi Halim Sierra Automotive Group Robb Hernandez Camino Real Chevrolet Region 1 Region 2 Region 3 Region 4 Region 5 9 California New Car Dealer Quarterly

10 California New Car Dealer Quarterly

Anticipate every turn In an industry that’s always evolving, your dealership can rely on our Dealer Financial Services team’s 90 years of experience to see what’s around the corner, forward-thinking insights to prepare you, and technology to keep you ahead of the curve. What would you like the power to do?® John Alexander, john.f.alexander@bofa.com James Diedrich, james.a.diedrich@bofa.com Liane Low-Bevett, liane.low-bevett@bofa.com Bob Ludwig, robert.ludwig@bofa.com business.bofa.com/dealer ©2024 Bank of America Corporation. All rights reserved. 5949042 12-23-0323 Investment products offered by Investment Banking Affiliates: Are Not FDIC Insured Are Not Bank Guaranteed May Lose Value “Bank of America” and “BofA Securities” are the marketing names used by the Global Banking and Global Markets divisions of Bank of America Corporation. Lending, derivatives, other commercial banking activities, and trading in certain financial instruments are performed globally by banking affiliates of Bank of America Corporation, including Bank of America, N.A., Member FDIC. Trading in securities and financial instruments, and strategic advisory, and other investment banking activities, are performed globally by investment banking affiliates of Bank of America Corporation (“Investment Banking Affiliates”), including, in the United States, BofA Securities, Inc., which is a registered broker-dealer and Member of SIPC, and, in other jurisdictions, by locally registered entities. BofA Securities, Inc. is a registered futures commission merchant with the CFTC and a member of the NFA. In an industry that’s always evolving, your dealership can rely on our Dealer Financial Services team’s 90 years of experience to see what’s around the corner, forward-thinking insights to prepare you, and technology to keep you ahead of the curve. What would you like the power to do?® John Alexander, john.f.alexander@bofa.com James Diedrich, james.a.diedrich@bofa.com Liane Low-Bevett, liane.low-bevett@bofa.com Bob Ludwig, robert.ludwig@bofa.com business.bofa.com/dealer ©2024 Bank of America Corporation. All rights reserved. 5949042 12-23-0323 Investment products offered by Investment Banking Affiliates: Are Not FDIC Insured Are Not Bank Guaranteed May Lose Value “Bank of America” and “BofA Securities” are the marketing names used by the Global Banking and Global Markets divisions of Bank of America Corporation. Lending, derivatives, other commercial banking activities, and trading in certain financial instruments are performed globally by banking affiliates of Bank of America Corporation, including Bank of America, N.A., Member FDIC. Trading in securities and financial instruments, and strategic advisory, and other investment banking activities, are performed globally by investment banking affiliates of Bank of America Corporation (“Investment Banking Affiliates”), including, in the United States, BofA Securities, Inc., which is a registered broker-dealer and Member of SIPC, and, in other jurisdictions, by locally registered entities. BofA Securities, Inc. is a registered futures commission merchant with the CFTC and a member of the NFA.

Getting to Know Kailey Hatfield-Odero CNCDA NEXTGEN CHAIR AND CBT NEWS 40 UNDER 40 WINNER 12 California New Car Dealer Quarterly

How did you become a car dealer? I grew up in the dealership, spending Saturdays with my dad and summers helping out in the office. Even as a kid, I loved practicing sales with the team. After earning a business degree, I joined Target’s management program for a few years, gaining valuable leadership experience before returning to the dealership with my sister. Family-owned dealerships like ours are unique — we don’t treat people like numbers. Our team members become part of the Hatfield family, which sets us apart. Do you have family members in the auto industry? Absolutely. My great-grandfather started the business, and it’s been passed down through generations. My sister and I are proud to be the fourth generation to take the reins at Hatfield Buick GMC, which has been a Buick dealer for 111 years. What is your educational background? I graduated from the University of Redlands with a degree in Business Administration in 2012 and completed the NADA Academy in 2018. Who has had the biggest impact on your career? My dad has been a huge influence. He’s taught me how to be a great employer and to give back to the community. His daily reminder that our job is to take care of our customers is something I carry with me every day. What is the most rewarding part of your career? Seeing our employees grow within the company and turn hourly jobs into lifelong careers. It’s also rewarding to hear from customers who say we’ve changed their perception of dealerships. We treat people differently — our customers only work with one person throughout the entire buying process, which breaks the usual dealership stereotype. What trends do you think will dominate the auto industry in the next 5-10 years? Affordability and electric vehicles (EVs) will be major trends, along with increasing government mandates for both vehicle production and employment practices. Why is CNCDA’s NextGen Group important? NextGen is critical for advocating for our industry’s future. The decisions we make today will shape the industry, our businesses, employees and customers for years to come. NextGen also connects peers who are facing similar challenges, offering a network of support and collaboration. What inspired you to take a leadership role in NextGen? I wanted to give back what I’ve gained from NextGen — connections, understanding and the renewed energy that comes from being part of a supportive group. It’s a space where we can talk openly and leave feeling more motivated about our industry. What three lessons would you pass on to younger members of the industry? 1. You have to be 100% committed — this business isn’t for the faint of heart. 2. Take care of yourself so you can take care of your team and customers. 3. Big changes don’t happen overnight; aim to improve by 1% each day, and it will add up. What’s your all-time favorite vehicle, and what do you drive today? My husband and I drive a GMC Hummer EV, our first electric vehicle, and we’re loving it. Day to day, I’m in a 2024 Buick Envision. How do you spend your free time? I’m the chair of the board of directors for the YMCA of the East Valley. When I’m not working, I love spending time with my husband, Nevin, and our pets. I enjoy reading, crafting and heading to the beach whenever I can. Kailey’s passion for the automotive industry and commitment to fostering a positive culture at her dealership is an inspiration to her peers. As CNCDA NextGen Chair, she’s helping shape the future of our industry while staying true to the values her family instilled in her. If you would like more information about joining CNCDA’s NextGen group at various events throughout the year, please email Autumn Heacox, CNCDA Director of Communications & Marketing, at aheacox@cncda.org. Kailey Hatfield-Odero, director of Variable Operations & Human Resources at Hatfield Buick GMC, brings passion, dedication and deep family roots to her role in the automotive industry. As the 2024 CNCDA NextGen Chair and a recipient of CBT News’ 40 Under 40 award, Kailey is making a significant impact. Let’s get to know her better. 13 California New Car Dealer Quarterly

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CNCDA 2024 Annual Convention SEPT. 22-25, 2024 The Four Seasons Resort Hualalai Kailua-Kona, HI 16 California New Car Dealer Quarterly

17 California New Car Dealer Quarterly

CNCDA 2024 ANNUAL CONVENTION 18 California New Car Dealer Quarterly

SEPT. 22-25, 2024 19 California New Car Dealer Quarterly

CNCDA 2024 ANNUAL CONVENTION 20 California New Car Dealer Quarterly

SEPT. 22-25, 2024 21 California New Car Dealer Quarterly

Smart In Automotive ArentFox Schiff’s Automotive Group drives innovative strategies forward. Our cutting-edge, national practice advises automotive leaders as the industry faces a dizzying array of competitive and regulatory hurdles. Key Contacts Smart In Your World afslaw.com Aaron H. Jacoby Managing Partner, LA; Chair, Automotive 213.443.7568 aaron.jacoby@afslaw.com Russell P. McRory Partner, NY 212.484.3942 russell.mcrory@afslaw.com Victor P. Danhi Partner, SF 415.757.5505 victor.danhi@afslaw.com

TIME and Ally Financial Honor San Jose Dealer Shaun Del Grande 24 California New Car Dealer Quarterly

The nomination of Shaun Del Grande, chairman and dealer principal at Del Grande Dealer Group (DGDG) in San Jose, California, for the 2025 TIME Dealer of the Year award was announced by TIME. Del Grande is one of a select group of 49 dealer nominees from across the country who will be honored at the 108th annual National Automobile Dealers Association (NADA) Show in New Orleans, Louisiana, on Jan. 25, 2025. The TIME Dealer of the Year award is one of the automobile industry’s most prestigious and highly coveted honors. The award recognizes the nation’s most successful auto dealers who also demonstrate a long-standing commitment to community service. Del Grande was chosen to represent the California New Car Dealers Association in the national competition — one of only 49 auto dealers nominated for the 56th annual award from more than 20,000 nationwide. “The most rewarding part of leading our organization has been experiencing the personal and professional growth 25 California New Car Dealer Quarterly

of our team members throughout DGDG,” nominee Del Grande said. “Attracting, guiding and retaining key employees and leaders has been the focal point and foundation of our success.” Del Grande earned a B.A. in economics at the University of California, Los Angeles, in 1988. In 1996, he joined his father, Kevan Del Grande, at the dealership his dad originally acquired in 1976. “It was the greatest decision of my life,” he said. “I had the opportunity to learn from a remarkable businessman, brilliant car dealer and incredible mentor. Over the past 28 years, the business has scaled from a single rooftop to multiple dealerships in the San Francisco Bay Area.” Today, Del Grande oversees 16 northern California stores in San Jose, Santa Clara, Salinas, Vallejo, Modesto, Fremont 26 California New Car Dealer Quarterly

and Concord, representing brands Audi, Cadillac, Chevrolet, Ford, Genesis, GMC, Honda, Hyundai, Kia, Mazda, Subaru and Volkswagen. “I find immense satisfaction and gratitude in the relationships I’ve built with our team, as well as with our great manufacturers and business partners,” he said. “The DGDG culture, which focuses on employee growth and education, a world-class guest experience, and a commitment to new technologies, has established our dealership group as an industry leader.” Del Grande is proud that the San Francisco Chronicle has named DGDG one of the San Francisco Bay Area’s Top Workplaces for more than a decade. Another way Del Grande has shaped his dealership group is through community service. He created DGDG Does Good as the charitable arm of his company, which sponsors local events and partners with many area charities and nonprofits. “To date, we have donated more than $1 million to worthy recipients throughout our community,” he said. “We also encourage our team members to give back to the causes they care about most.” Some of the organizations DGDG Does Good has supported include Second Harvest of Silicon Valley; Make-A-Wish Greater Bay Area; First Tee Silicon Valley; Special Olympics Northern California; YMCA of Silicon Valley; South County Tail Waggers (dog rescue group); Catholic Charities of Santa Clara County; Santa Teresa Little League; San Jose Police Foundation; as well as many area schools and athletic programs. “Our goal is to make a difference in the communities where we work and live,” Del Grande said. Dealers are nominated by the executives of state and metro dealer associations around the country. A panel of faculty members from the Tauber Institute for Global Operations at the University of Michigan will select one finalist from each of the four NADA regions and one national Dealer of the Year. Three finalists will receive $5,000 for their favorite charities and the winner will receive $10,000 to give to charity, donated by Ally. In its 14th year as an exclusive sponsor, Ally will also recognize dealer nominees and their community efforts by contributing $1,000 to each nominee’s 501(c)3 charity of choice. Nominees will be recognized on ally.com/go/tdoy, which highlights the philanthropic contributions and achievements of TIME Dealer of the Year nominees. “At TIME, our commitment to recognizing the exceptional contributions of automotive dealers remains as strong as ever,” said Jessica Sibley, CEO of TIME. “The TIME Dealer of the Year award continues to celebrate those who not only excel in their profession but also make a meaningful impact in their communities. We are thrilled to continue this legacy in partnership with Ally.” Doug Timmerman, Ally president of Dealer Financial Services, said, “Auto dealers are the backbones of their communities, providing civic support and significant business leadership. Ally is proud to recognize the unwavering commitment these TIME Dealer of the Year nominees are living every day through their volunteerism, sponsorships and support of charitable causes. They are the epitome of community heroes, making important and positive impacts in the lives of the people they serve.” Del Grande was nominated for the TIME Dealer of the Year award by Brian Maas, president of the California New Car Dealers Association. Del Grande has three children. “Attracting, guiding, and retaining key employees and leaders has been the focal point and foundation of our success.” 27 California New Car Dealer Quarterly

2024 Annual Legislative Summary The California New Car Dealers Association is proud to publish our Annual Legislative Summary for 2024! This summary is created exclusively for CNCDA members and discusses important legal developments for our dealers related to the California Legislature’s 2024 session. It is now available for members to download by visiting www.cncda.org/comply, or by scanning the QR code. https://www.cncda.org/comply 28 California New Car Dealer Quarterly

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MANNING LEAVER LEGAL LANE A Shift in Gear 30 California New Car Dealer Quarterly

CALIFORNIA LEMON LAW CHANGES FOR DEALERS By Gary H. Prudian, Esq., Partner, Manning, Leaver, Bruder & Berberich LLP There have been seismic developments in the world of California’s lemon law in recent months, with both the California Supreme Court and state Legislature weighing in. The California Supreme Court holds that used vehicles sold with the balance of the factory warranty remaining are not “new” vehicles. In Rodriguez v. FCA, the California Supreme Court was tasked with deciding whether noncertified used vehicles sold with the balance of the new factory warranty are “new” vehicles for the purpose of being eligible for the “refund or replace” remedy under the Song-Beverly Act, better known as the California Lemon Law. On Oct. 31, 2024, the Court issued its long‑awaited decision, and in a big win for manufacturers held that vehicles sold with the balance of the factory warranty are not new vehicles for purposes of the lemon law. The Court found that manufacturers’ liability attaches only when they issue a warranty concurrently with the sale, which is not the case when a vehicle is sold with the balance of the factory warranty remaining. The determination is key, as manufacturers are required to buy back or replace a defective new motor vehicle.1 The Song-Beverly Act does provide a similar remedy for buyers of used motor vehicles, but places the obligation on the “distributor or retailer seller making express warranties” with respect to the used vehicle.2 On noncertified used vehicles, the dealership faces potential claims under the “refund or replace” remedy on vehicles for which it provides a warranty concurrent with the sale. While the decision is a major win for the manufacturers, it is, at best, a mixed bag for dealerships. Dealerships will retain the statutory and contractual right of indemnification from manufacturers on lemon law cases involving new vehicles and vehicles certified under the manufacturers’ CPO guidelines. This is because, in those sales, the manufacturer is issuing a warranty concurrent with the sale — be it a new vehicle warranty or a certified pre-owned warranty.3 However, previously, manufacturers had to defend lemon law claims against them arising from purchasers of used vehicles with the balance of the original new vehicle warranty remaining — and arguably had a statutory duty to defend dealerships, even those dealerships of different makes, that sold these vehicles. While the Rodriguez decision will reduce the amount of lemon law claims against the manufacturers, dealerships have lost an important tool for limiting their exposure and legal costs, and it may result in increased lemon law litigation against dealerships. Dealerships cannot disclaim the implied warranty of merchantability on any used car sale in which the dealership certifies the vehicle, issues a written warranty, or sells a service contract in which it is obligated to perform the services.4 We reasonably anticipate that the plaintiffs’ bar will shift their focus away from the manufacturers to the selling dealerships for claims related to the implied warranties that accompany 31 California New Car Dealer Quarterly

the sale of a used vehicle, claims for fraud or negligent misrepresentation regarding the condition of the vehicle at the time of sale and the representations made by the sales staff, and Consumers Legal Remedies Act (CLRA) claims regarding the condition of the vehicle. AB 1755 Becomes Law Gov. Gavin Newsom recently signed into law Assembly Bill 1755 (AB 1755), which significantly modifies the California Lemon Law and introduces mandatory mediation and seeks to streamline these cases. The bill had an unusual path to becoming law. AB 1755 was originally a measure intended to deal with child support, but with less than two weeks left in the legislative session, the bill was wholly revised, with all provisions regarding child support removed, and the lemon law language inserted. The bill was negotiated between some consumer attorneys and some manufacturers, notably General Motors, while other consumer attorney groups and many manufacturers were opposed to it. Dealerships were not given an opportunity to meaningfully weigh in. The new law becomes effective April 1, 2025, and is intended to apply to the sales of new vehicles and certified used vehicles where manufacturers face potential exposure. It would also apply to the sale of a used vehicle wherein the dealership provides an express warranty with the sale.5 Pre-Litigation Requirements The law requires the customer to demand repurchase in writing at least 30 days prior to filing a suit in order to be eligible to recover civil penalties. If a customer does not send a compliant pre-litigation demand, he/she is prohibited from seeking civil penalties. Additionally, the customer is required to be in possession of the vehicle at the time of the demand and retain possession for at least 30 days after the manufacturer receives the notice. Even if the customer forgoes the pre-litigation demand discussed above, and thereby forgoes the right to recover civil penalties, the customer must have possession of the vehicle at the time the suit is filed. If the manufacturer offers to buy back or replace the vehicle and pay reasonable attorneys’ fees and costs within 30 days of receiving the written demand, and performs the buyback or replacement within 60 days, the customer cannot seek recovery of civil penalties. This safe harbor provision gives manufacturers an opportunity to resolve problematic cases before they go into litigation and prevents unscrupulous plaintiffs’ attorneys from running up attorneys’ fees and costs. Discovery and Mediation Requirements The new law has specific initial information exchange requirements intended to promote early settlement. It appears that these requirements would only apply to the customer and warrantor defendant (manufacturer, distributor on new vehicles and CPOs), and would not apply to a dealership named on non-lemon law claims, such as negligent repair or fraud. The law requires the manufacturer and customer to exchange specific documents relevant to the dispute within 60 days after the responsive pleading is filed.6 Within 120 days of the filing, the manufacturer has the right to depose the plaintiff for up to two hours, and the plaintiff has the right to depose the manufacturer’s person most qualified as to specific topics for up to two hours. All other discoveries are stayed until mediation is completed, and the parties are required to submit the matter to mediation within 150 days after the filing of the responsive pleading. There are prescribed penalties if the parties fail to comply with the exchange and mediation requirements, albeit unbalanced ones. Initial violations of the exchange and deposition requirements result in a $1,500 sanction against plaintiff’s counsel or a $2,500 sanction against defense counsel. Clearly these are unequal sanctions, but the real imbalance is in the law’s penalties for repeated noncompliance. Repeated violations by plaintiff’s counsel results in the case being dismissed without prejudice, and plaintiff’s counsel responsible for paying the manufacturer’s costs. While inconvenient, oftentimes a case dismissed without prejudice can simply be refiled. On the other hand, repeated violations by the manufacturers’ or defense counsel results in evidentiary sanctions precluding the manufacturer or defendant from introducing evidence at trial regarding whether the vehicle was defective or whether it was repaired. This seemingly prevents the manufacturer from being able to put up a viable defense at trial — a far more severe penalty than the plaintiff’s attorney faces. If the provisions promoting early settlement are effective, it would be a blessing for dealerships. 32 California New Car Dealer Quarterly

Impact on Dealerships It remains to be seen how this new law will affect California dealerships. If the provisions promoting early settlement are effective, it would be a blessing for dealerships. Dealerships would be named in fewer lawsuits, there would be less depositions of dealership employees, and less interruptions to business in general. On the other hand, while it is not entirely clear, it appears that these new provisions would not apply if the lawsuit includes additional causes of action, such as negligent repair against the dealership. Additionally, the law prescribes standard release language for settlements between the manufacturer and the customer, and dealerships are not included in the release prescribed therein, which could potentially result in dealers being sued separately from the manufacturer on the same transaction. For example, suits involving certified pre-owned vehicles often allege claims against both the manufacturer and dealership. A customer could file a lemon law claim against the manufacturer, reach an early resolution with the manufacturer, and then file a separate proceeding against the dealership alleging misrepresentation of the prior history of the vehicle. Manning, Leaver, Bruder & Berberich LLP is a Los Angeles law firm that practices throughout California and has been in existence for over 100 years. It has a strong automobile dealer practice covering all areas related to the automobile dealer industry, including dealership buy‑sells, real estate transactions, business and consumer litigation, regulatory compliance, dealer association law, new motor vehicle board matters and franchise law. See manningleaver.com for more information and areas of practice. Nothing in this article may be considered as legal advice. Contact legal counsel for legal advice. 1. Civil Code § 1793.2(d)(2). 2. Civil Code § 1795.5(a) — expressly excludes the original manufacturer or distributor in regard to any new vehicle warranties issued when the vehicle was originally sold as new. 3. Civil Code § 1792. 4. A “dealer obligor” service contract. See CNCDA Dealership Operations Guide, Chapter 6: Service Contracts for more information. 5. It does not apply to used vehicles sold with a service contract if no other warranty is issued at the time of sale. 6. Presumably, the warrantor defendant’s answer, but the statute does not specify. CONTACT US TODAY TO PLACE YOUR ANNOUNCEMENT AD. SHOW-OFF. THERE'S NOTHING WRONG WITH BEING A Call (801) 676-9722 or scan the QR code to get started. Place QR Code Here ▷ Show off your employees. ▷ Show off your accomplishments. ▷ Show off a job well done. Employees are motivated when they are recognized and feel valued. This magazine is a great platform to celebrate your team’s accomplishments! 33 California New Car Dealer Quarterly

EPICBROKERS.COM ©2024 Edgewood Partners Insurance Center. All rights reserved. | CA License: 0B29370 EPIC Insurance Brokers & Consultants is proud of its partnership with more than 300 California dealerships and is the CNCDA’s only licensed broker for health insurance and employee benefits. As the dealers’ consultant, experience what EPIC can do for you, including: • A team producing significant results with decades of experience understanding the specific needs of dealerships • Fully insured and unique alternative funding options to best fit your needs and generate the best possible costs • Full compliance services and HR support for your team LEARN MORE ABOUT OUR SERVICES BY CONTACTING: Alison McCallum (949) 422-6431 alison.mccallum@epicbrokers.com DID YOU KNOW? Enjoy your association news anytime, anywhere. Scan the QR code to visit our online publication to stay up to date on the latest association news, share articles and read past issues. california-new-car-dealer.thenewslinkgroup.org 35 California New Car Dealer Quarterly

California Auto Outlook Comprehensive Information on the California Vehicle Market Volume 20, Number 4 Released October 2024 Covering Third Quarter 2024 TM Publication Sponsored By: California New Light Vehicle Registrations Predicted to Increase Slightly in 2025 TWO YEAR PERSPECTIVE Historical Data sourced from Experian Automotive. *2024 and 2025 forecasts by Auto Outlook. Historical figures have been updated since the previous release. California Annual New Light Vehicle Registrations - 2010 thru 2025 ANNUAL TRENDS QUARTERLY RESULTS California Quarterly New Light Vehicle Registrations Percent Change vs. Year Earlier Data sourced from Experian Automotive. 1.08 1.19 1.49 1.66 1.78 1.99 2.03 2.03 1.99 1.89 1.60 1.77 1.58 1.77 1.75 1.79 0.0 0.5 1.0 1.5 2.0 2.5 '10 '11 '12 '13 '14 '15 '16 '17 '18 '19 '20 '21 '22 '23 '24* '25* New vehicle regs. (millions) Years California U.S. YTD '23 YTD '24 Change YTD '23 YTD '24 Change Registrations TOTAL 1,344,017 1,320,708 -1.7% 11,287,118 11,587,811 2.7% Car 417,608 362,881 -13.1% 2,340,062 2,194,467 -6.2% Light Truck 926,409 957,827 3.4% 8,947,056 9,393,344 5.0% Domestic 497,350 447,301 -10.1% 4,951,135 4,855,618 -1.9% European 198,243 194,188 -2.0% 1,123,104 1,171,576 4.3% Japanese 520,117 550,395 5.8% 3,992,356 4,345,905 8.9% Korean 128,307 128,824 0.4% 1,220,523 1,214,712 -0.5% Market Share Car 31.1 27.5 -3.6 20.7 18.9 -1.8 Light Truck 68.9 72.5 3.6 79.3 81.1 1.8 Domestic 37.0 33.9 -3.1 43.9 41.9 -2.0 European 14.8 14.7 -0.1 10.0 10.1 0.1 Japanese 38.8 41.7 2.9 35.4 37.5 2.1 Korean 9.5 9.8 0.3 10.8 10.5 -0.3 Data sourced from Experian Automotive. 15.9% 19.8% 5.1% 0.2% -2.0% -3.3% 2Q '23 vs. 2Q '22 3Q '23 vs. 3Q '22 4Q '23 vs. 4Q '22 1Q '24 vs. 1Q '23 2Q '24 vs. 2Q '23 3Q '24 vs. 3Q '23 % change vs. year earlier California and U.S New Light Vehicle Registrations YTD ‘23 and YTD ‘24 thru September The California new vehicle market is predicted to remain in a narrow range between 2023 and 2025. 1.77 million new vehicles were registered in the state in 2023. The total for all of this year is expected to decline slightly to 1.75 million, with next year’s total projected to increase by roughly two percent and reach 1.79 million. Affordability is the key issue holding back sales, but lower interest rates, falling inflation, increasing employment, and rising incentives are helping. In addition, pent up demand from five years of below average sales is significant. The sales recovery will likely be gradual, however. New light vehicle registrations in California declined 1.7 percent during the first nine months of this year versus year earlier. The U.S. market improved by less than 3 percent over the same period. Light truck registrations in the state increased 3.4 percent and market share reached 72.5 percent. Light truck share in the Nation exceeded 80 percent. Largely due to big declines for Tesla, domestic brand market share in California fell by 3.1 points during the first nine months of this year. New vehicle registrations in the state fell 3.3 percent in the third quarter of this year versus year earlier, the second consecutive decline. The market should be flat in the fourth quarter of this year, with a small increase possible. 36 California New Car Dealer Quarterly

Page 2 California Auto Outlook Gasoline, 58.3% Electric (BEV), 22.2% Hybrid, 13.8% Plug In Hybrid (PHEV), 3.4% Diesel, 2.3% Fuel Cell, 0.0% Annual Registrations and Market Share Quarterly Registrations and Market Share 2020 2021 2022 2023 YTD '24 3Q '23 4Q '23 1Q '24 2Q '24 3Q '24 BEV registrations 92057 161369 260051 379560 293109 BEV registrations 99728 89486 89746 101319 102044 BEV share 5.8% 9.1% 16.4% 21.5% 22.2% BEV share 22.4% 21.2% 20.9% 22.0% 23.7% Hybrid regs. (excl. plug ins) 97552 160100 144439 196334 182469 Hybrid regs. (excl. plug ins) 52391 56239 56134 61953 64382 Hybrid share (excl. plug ins) 6.1% 9.1% 9.1% 11.1% 13.8% Hybrid share (excl. plug ins) 11.7% 13.3% 13.1% 13.4% 14.9% PHEV regs. 29079 54287 42491 59520 45244 PHEV regs. 15023 15069 15662 14847 14735 PHEV share 1.8% 3.1% 2.7% 3.4% 3.4% PHEV share 3.4% 3.6% 3.7% 3.2% 3.4% 0.0% 5.0% 10.0% 15.0% 20.0% 25.0% 2016 2017 2018 2019 2020 2021 2022 2023 YTD '24 Market Share BEVs Hybrids (excl. plug ins) PHEVs 0.0% 5.0% 10.0% 15.0% 20.0% 25.0% 4Q '22 1Q '23 2Q '23 3Q '23 4Q '23 1Q '24 2Q '24 3Q '24 Market Share BEVs Hybrids (excl. plug ins) PHEVs Vehicle Powertrain Dashboard Annual and Year-to-date Quarterly Data sourced from Experian Automotive. BEVs are full battery electric vehicles. PHEVs are plug in hybrids. Hybrid vehicle registrations and market share excludes mild hybrids. BEV market share was 22.2 percent during the first nine months of ‘24, up slightly from ‘23. Market Share for all Powertrain Types - YTD ‘24 thru September California and U.S. Markets California BEV market share YTD ‘24 22.2% ❏ Gasoline powered vehicles accounted for 58.3 percent of state new vehicle registrations during the first nine months of this year. ❏ ICE market share (including gasoline and diesel vehicles) was 60.6 percent during the first nine months of this year, down from 71.6 percent in 2022 and 88.4 percent in 2018. ❏ Combined share for BEVs, PHEVs, hybrids, and fuel cell vehicles was 39.4 percent during the first nine months of 2024, up from just 11.6 percent in 2018. Hybrid and Electric Vehicle Market Share U.S. BEV market share YTD ‘24 7.9% California share of U.S. BEV registrations YTD ‘24 32.1% Data sourced from Experian Automotive. Data sourced from Experian Automotive. BEVs are full battery electric vehicles. 37 California New Car Dealer Quarterly

Page 3 California Auto Outlook 0 50000 100000 150000 200000 250000 300000 350000 YTD '23 YTD '24 YTD '23 YTD '24 YTD '23 YTD '24 Hybrid BEV PHEV New vehicle registrations Franchised Direct 4,847 1,827 1,987 2,273 2,504 2,613 2,700 3,554 4,590 7,814 10,535 Others Chrysler Audi BMW Kia Dodge Mazda Lexus Volvo Jeep Toyota (23.3%) (17.3%) (10.1%) (7.9%) (6.0%) (5.8%) (5.5%) (5.0%) (4.0%) (4.4%) (10.7%) Vehicle Powertrain Dashboard Make and Model Registrations for BEVs and PHEVs in California BEVs are full battery electric vehicles. PHEVs are plug in hybrids. Data sourced from Experian Automotive. Top Ten Selling PHEV Makes - YTD ‘24 thru September Registrations and market share Top 15 Selling BEV and PHEV Models - YTD ‘24 thru Sept. Alternative Powertrain Sales by Type of Selling Dealership - YTD ‘23 and ‘24, thru September ❏ The graph on the left shows new vehicle registrations for Hybrids, BEVs, and PHEVs broken down by type of selling dealership. Franchised dealerships accounted for more than 67 percent of combined sales for all three alternative powertrain types. ❏ Franchised dealership share of the BEV only market increased to 40.2 percent so far this year, up from 34.0 percent a year earlier. ❏ Sales of BEVs at franchised dealerships increased 21.4 percent so far this year, compared to the 9.5 percent drop for direct sellers. Data sourced from Experian Automotive. Rank Model Type Regs. 1 Tesla Model Y BEV 105,693 2 Tesla Model 3 BEV 37,219 3 Hyundai Ioniq 5 BEV 11,711 4 Ford Mustang Mach-E BEV 8,013 5 Toyota RAV4 PHEV 7,805 6 Tesla Model X BEV 7,312 7 BMW i4 BEV 6,667 8 Tesla Cybertruck BEV 6,349 9 Rivian R1S BEV 6,279 10 Jeep Wrangler PHEV 6,277 11 Volkswagen ID.4 BEV 5,255 12 BMW iX BEV 4,451 13 Ford F-Series Lightning BEV 4,231 14 Toyota bZ4X BEV 4,215 15 Kia EV6 BEV 4,034 California New Battery Electric Vehicle Registrations by Make YTD 2023 and YTD 2024 thru September Registrations Market Share (%) YTD '23 YTD '24 % Change YTD '23 YTD '24 Change TOTAL 290,074 293,109 1.0 Acura 0 355 0.0 0.1 0.1 Audi 5,422 7,629 40.7 1.9 2.6 0.7 BMW 10,743 14,610 36.0 3.7 5.0 1.3 Cadillac 932 3,870 315.2 0.3 1.3 1.0 Chevrolet 15,133 8,817 -41.7 5.2 3.0 -2.2 Ford 10,938 12,828 17.3 3.8 4.4 0.6 Genesis 1,039 1,373 32.1 0.4 0.5 0.1 GMC 46 1,561 3293.5 0.0 0.5 0.5 Honda 0 2,627 0.0 0.9 0.9 Hyundai 12,596 16,433 30.5 4.3 5.6 1.3 Jaguar 41 2,007 4795.1 0.0 0.7 0.7 Kia 6,436 10,584 64.4 2.2 3.6 1.4 Lexus 848 3,723 339.0 0.3 1.3 1.0 Mazda 87 7 -92.0 0.0 0.0 0.0 Mercedes 10,907 12,555 15.1 3.8 4.3 0.5 MINI 589 676 14.8 0.2 0.2 0.0 Nissan 3,270 4,476 36.9 1.1 1.5 0.4 Other 2,032 5,085 150.2 0.7 1.7 1.0 Polestar 2,797 1,759 -37.1 1.0 0.6 -0.4 Porsche 1,797 1,354 -24.7 0.6 0.5 -0.1 Ram 0 4 0.0 0.0 0.0 Rivian 6,685 9,049 35.4 2.3 3.1 0.8 Subaru 1,310 1,864 42.3 0.5 0.6 0.1 Tesla 182,689 159,619 -12.6 63.0 54.5 -8.5 Toyota 2,405 4,215 75.3 0.8 1.4 0.6 Volkswagen 8,894 5,255 -40.9 3.1 1.8 -1.3 Volvo 2,438 774 -68.3 0.8 0.3 -0.5 38 California New Car Dealer Quarterly

Covering Third Quarter 2024 Page 4 The table below shows the top five selling models during the first nine months of this year in 18 segments. In addition to unit registrations, it also shows each model’s market share in its respective segment. MODEL RANKINGS Tesla Model Y Retains Top Spot in California New Vehicle Market; Toyota RAV4 is Second BEST SELLERS IN PRIMARY SEGMENTS Small Cars: Honda Civic Full Size Pickup: Chevrolet Silverado Mid-Size and Large Cars: Toyota Camry Compact SUV: Toyota RAV4 Near Luxury Cars: Tesla Model 3 2 Row Mid-Size SUV: Subaru Outback Comp./Mid Size Pickup: Toyota Tacoma Luxury Mid-Size SUV: Lexus RX Data sourced from Experian Automotive. Figures for Prius include Prius Prime. Model Regs. Share Model Regs. Share Model Regs. Share Model Regs. Share Honda Civic 40741 30.0 Toyota Camry 40025 41.2 Ford Mustang 4316 36.0 Tesla Model 3 37219 43.4 Toyota Corolla 29341 21.6 Honda Accord 25240 26.0 Dodge Challenger 2649 22.1 Lexus ES 7430 8.7 Kia K4/Forte 12768 9.4 Nissan Altima 6941 7.1 Toyota 86 2145 17.9 BMW i4 6667 7.8 Nissan Sentra 12424 9.2 Chevrolet Malibu 6158 6.3 Mazda MX5 947 7.9 Mercedes C-Class 5606 6.5 Hyundai Elantra 9738 7.2 Dodge Charger 4756 4.9 Chevrolet Camaro 736 6.1 BMW 3-Series 4759 5.6 Model Regs. Share Model Regs. Share Model Regs. Share Model Regs. Share Tesla Model S 3046 9.4 Toyota Tacoma 18746 38.2 Chevrolet Silverado 28029 25.5 Toyota Sienna 6178 34.8 BMW i5 2308 7.1 Ford Maverick 10717 21.9 Ford F-Series 26753 24.3 Honda Odyssey 5461 30.8 Porsche 911 2269 7.0 Nissan Frontier 4713 9.6 GMC Sierra 15075 13.7 Chrysler Pacifica 2935 16.5 Chevrolet Corvette 2253 7.0 Chevrolet Colorado 4536 9.3 Ram Pickup 12923 11.7 Kia Carnival 2794 15.7 Mercedes E-Class 2198 6.8 GMC Canyon 2554 5.2 Toyota Tundra 12334 11.2 Chrysler Voyager 380 2.1 Model Regs. Share Model Regs. Share Model Regs. Share Model Regs. Share Ford Transit Connect 7994 41.0 Honda HR-V 16782 18.8 Toyota RAV4 49810 22.9 Subaru Outback 10651 18.2 Mercedes Sprinter 4502 23.1 Subaru Crosstrek 13516 15.2 Honda CR-V 37759 17.3 Toyota 4Runner 8428 14.4 Ram Promaster 2896 14.9 Toyota Corolla Cross 9499 10.6 Hyundai Ioniq 5 11711 5.4 Ford Mustang Mach-E 8013 13.7 Chevrolet Express 1277 6.5 Chevrolet Trax 7546 8.5 Subaru Forester 10747 4.9 Hyundai Santa Fe 6358 10.9 Ford E-Series 1118 5.7 Kia Niro 6599 7.4 Nissan Rogue 10746 4.9 Toyota Venza 5455 9.3 Model Regs. Share Model Regs. Share Model Regs. Share Model Regs. Share Honda Pilot 11038 13.3 Ford Bronco 5780 23.8 Audi Q3 3415 17.5 Tesla Model Y 105693 65.2 Ford Explorer 10083 12.2 Chevrolet Tahoe 4949 20.4 Mercedes EQB 3295 16.9 Lexus NX 11974 7.4 Toyota Highlander 8264 10.0 Chevrolet Suburban 2339 9.6 Audi Q4 E-Tron 2793 14.3 BMW X3 8044 5.0 Toyota Grand Highlander7136 8.6 Ford Expedition 2115 8.7 Volvo XC40 2496 12.8 Mercedes GLC-Class 6377 3.9 Kia Telluride 6484 7.8 Toyota Sequoia 1902 7.8 BMW X1 2238 11.5 Audi Q5 5978 3.7 Model Regs. Share Model Regs. Share Model Regs. Share Model Regs. Share Lexus RX 13217 16.4 Rivian R1S 6279 23.3 Honda Civic 40741 11.2 Tesla Model Y 105693 11.0 Tesla Model X 7314 9.1 Lexus TX 3412 12.7 Toyota Camry 40025 11.0 Toyota RAV4 49810 5.2 Mercedes GLE-Class 6536 8.1 Cadillac Escalade 2925 10.9 Tesla Model 3 37219 10.3 Honda CR-V 37759 3.9 BMW X5 5998 7.5 Mercedes GLS-Class 2752 10.2 Toyota Corolla 29341 8.1 Chevrolet Silverado 28029 2.9 BMW iX 4451 5.5 Land Rover Range Rover 2713 10.1 Honda Accord 25240 7.0 Ford F-Series 26753 2.8 Luxury and High End Sports Cars Compact/Mid Size Pickup Full Size Pickup Mini Van Top Selling Models in Each Segment - New Retail Light Vehicle Registrations (YTD 2024 thru September) Small Cars Mid Size and Large Cars Sports/Pony Cars Near Luxury Cars Luxury Mid Size SUV Luxury Large SUV Top Selling Passenger Cars Top Selling Light Trucks Large Van Subcompact SUV Compact SUV 2 Row Mid Size SUV 3 Row Mid Size SUV Large SUV Luxury Subcompact SUV Luxury Compact SUV 39 California New Car Dealer Quarterly

Page 5 California Auto Outlook 1.3% 3.7% 2.7% 4.2% 2.2% 2.2% 2.0% 5.5% 5.2% 4.9% 10.7% 11.9% 8.1% 4.0% 12.9% 2.0% 2.0% 2.3% 3.4% 3.7% 3.7% 3.8% 4.0% 4.5% 4.8% 6.0% 7.4% 10.9% 12.1% 16.3% 0.0% 6.0% 12.0% 18.0% Audi GMC Mazda Subaru Lexus BMW Mercedes Nissan Hyundai Kia Chevrolet Ford Honda Tesla Toyota Market Share State U.S. BRAND SUMMARY Registrations Increased by More Than 11 Percent for Eight Brands; Toyota is Market Leader Registrations increased by more than 11 percent for Buick, Rivian, Lincoln, Dodge, Lexus, Cadillac, Land Rover, and Honda. California and U.S. Market Share - YTD ‘24 thru Sept. (Top 15 selling brands in CA) Percent Change in Brand Registrations YTD ‘24 thru September vs. YTD ‘23 (Top 30 selling brands in CA) Data sourced from Experian Automotive. Toyota, Tesla, Honda, Ford, and Chevrolet were market share leaders in California. -33.1% -33.0% -26.5% -14.6% -14.1% -12.6% -12.0% -11.9% -8.0% -7.6% -5.8% -5.7% -3.7% -3.6% -2.9% -0.3% 1.3% 2.3% 3.6% 5.0% 5.7% 6.4% 11.2% 13.6% 15.6% 19.6% 20.0% 27.6% 35.4% 39.9% Jeep Chrysler Ram Acura Chevrolet Tesla Infiniti Audi Genesis Subaru Mercedes Ford Porsche Kia Volkswagen Nissan BMW GMC Hyundai Volvo Mazda Toyota Honda Land Rover Cadillac Lexus Dodge Lincoln Rivian Buick 40 California New Car Dealer Quarterly

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