Levy rule (California) · Go Syfert
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Levy rule in California

14 California opinions name it 2 courts 1955–2024 2 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (11)

CaseFollowedCited
Stafford v. Yergegreen
calctapp · 1954 · cited in 1 California opinions naming this issue, 2013–2013
1 sentence

2013It operates on the person of the defendant by commanding him to do or desist from certain action.' [Citation.] [¶] It is well established that injunctions are not effective against the world at large." (Ibid.) Accordingly, Levy's claim for injunctive relief became moot as to the previous owners when Wells Fargo acquired the subject property, although judicial economy arguably would have been better served by granting Levy leave to name Wells Fargo as a defendant in the prior action rather than directing him to file a new action against Wells Fargo. 9 issue was not determined by the judgment, [

11
Stark v. Cokergreen
cal · 1942 · cited in 1 California opinions naming this issue, 2013–2013
1 sentence

2013A judgment "is not res judicata . . . as to any matters which the court expressly refused to determine and which it directed should be litigated in another forum or in another action." (Cason v. Glass Bottle Blowers Assn. (1951) 37 Cal.2d 134, 141 ; Stark v. Coker (1942) 20 Cal.2d 839, 843 ["[W]hen it affirmatively appears that an 5 An injunction is not an in rem remedy that runs with the land.

11
Riddle v. Fianogreen
calctapp · 1961 · cited in 1 California opinions naming this issue, 2013–2013
1 sentence

2013It operates on the person of the defendant by commanding him to do or desist from certain action.' [Citation.] [¶] It is well established that injunctions are not effective against the world at large." (Ibid.) Accordingly, Levy's claim for injunctive relief became moot as to the previous owners when Wells Fargo acquired the subject property, although judicial economy arguably would have been better served by granting Levy leave to name Wells Fargo as a defendant in the prior action rather than directing him to file a new action against Wells Fargo. 9 issue was not determined by the judgment, [

11
Wolf v. Superior Courtgreen
calctapp · 2004 · cited in 1 California opinions naming this issue, 2012–2012
2 sentences

2012(See Wolf v. Superior Court (2004) 114 Cal.App.4th 1343, 1351 [ 8 Cal.Rptr.3d 649 ] [the trial court’s determination whether extrinsic evidence should be admitted to aid in interpreting a contract is a question of law, subject to independent review on appeal].) We turn now to our review of whether the trial court erred in interpreting the default remedies provisions of the promissory note.

2012(See Wolf v. Superior Court (2004) 114 Cal.App.4th 1343, 1351 [ 8 Cal.Rptr.3d 649 ] [the trial court’s determination whether extrinsic evidence should be admitted to aid in interpreting a contract is a question of law, subject to independent review on appeal].) We turn now to our review of whether the trial court erred in interpreting the default remedies provisions of the promissory note.

11
Lingle v. Norge Division of Magic Chef, Inc.green
scotus · 1988 · cited in 1 California opinions naming this issue, 2003–2003
2 sentences

2003(See Lingle v. Norge Division of Magic Chef, Inc., supra, 486 U.S. at p. 413, fn. 12 [ 108 S.Ct. at p. 1885 ].) In this case, however, resolution of Levy’s claim would require more than just consulting the CBA to determine the applicable rate of pay at the union wage scale; it would require interpreting the CBA and the side letters to determine whether the union wage scale even applied to an employee in Levy’s position.

2003(See Lingle v. Norge Division of Magic Chef, Inc., supra, 486 U.S. at p. 413, fn. 12 [ 108 S.Ct. at p. 1885 ].) In this case, however, resolution of Levy’s claim would require more than just consulting the CBA to determine the applicable rate of pay at the union wage scale; it would require interpreting the CBA and the side letters to determine whether the union wage scale even applied to an employee in Levy’s position.

11
Black v. Bank of America N.T. & S.A.green
calctapp · 1994 · cited in 1 California opinions naming this issue, 2002–2002
2 sentences

2002(See Black v. Bank of America (1994) 30 Cal.App.4th 1, 6 [ 35 Cal.Rptr.2d 725 ].) But Levy makes no such distinction.

2002(See Black v. Bank of America (1994) 30 Cal.App.4th 1, 6 [ 35 Cal.Rptr.2d 725 ].) But Levy makes no such distinction.

11
Sully-Miller Contracting Co. v. Gledson/Cashman Construction, Inc.green
calctapp · 2002 · cited in 1 California opinions naming this issue, 2002–2002
2 sentences

2002In fact, the case construes the term “party” in section 664.6 to mean “the specific person or entity by or against whom legal proceedings are brought.” (Levy v. Superior Court, supra, 10 Cal.4th at p. 583 , italics added; see also Sully-Miller Contracting Co. v. Gledson/Cashman Construction, Inc. (2002) 103 Cal.App.4th 30, 37 [ 126 Cal.Rptr.2d 400 ] [agreement belatedly signed by corporate officer did not satisfy Levy’s party-signature requirement]; Burckhard v. Del Monte Corp., supra, 48 Cal.App.4th at pp. 1914-1915 [Levy rule barred enforcement under § 664.6 of settlements not signed by plai

2002In fact, the case construes the term “party” in section 664.6 to mean “the specific person or entity by or against whom legal proceedings are brought.” (Levy v. Superior Court, supra, 10 Cal.4th at p. 583 , italics added; see also Sully-Miller Contracting Co. v. Gledson/Cashman Construction, Inc. (2002) 103 Cal.App.4th 30, 37 [ 126 Cal.Rptr.2d 400 ] [agreement belatedly signed by corporate officer did not satisfy Levy’s party-signature requirement]; Burckhard v. Del Monte Corp., supra, 48 Cal.App.4th at pp. 1914-1915 [Levy rule barred enforcement under § 664.6 of settlements not signed by plai

11
Western Live Stock v. Bureau of Revenuegreen
scotus · 1938 · cited in 1 California opinions naming this issue, 1969–1969
2 sentences

1969Western Live Stock v. Bureau of Revenue, 303 U.S. 250, 254-55 [ 82 L.Ed. 823, 826-827 , 58 S.Ct. 546 , 115 A.L.R. 944 ], and cases cited; McGoldrick v. Berwind-White Coal Mining Co., supra) and by invalidating those which discriminate against interstate commerce, which impose a levy for the privilege of doing it, which place an undue burden on it.

1969Western Live Stock v. Bureau of Revenue, 303 U.S. 250, 254-55 [ 82 L.Ed. 823, 826-827 , 58 S.Ct. 546 , 115 A.L.R. 944 ], and cases cited; McGoldrick v. Berwind-White Coal Mining Co., supra) and by invalidating those which discriminate against interstate commerce, which impose a levy for the privilege of doing it, which place an undue burden on it.

11
Pavlovich v. Wattsgreen
calctapp · 1941 · cited in 1 California opinions naming this issue, 1968–1968
2 sentences

1968Still later, as noted earlier, plaintiff and her children transferred their interests to the Dockums; such transfer was in consideration for fixed amounts payable three times each year, which fact (together with the previous quarterly payments) does not accord with the claim of appellant that the original contract was so dubious and uncertain that his interest therein could be purchased to his detriment at a nominal price. *253 With respect to the point last mentioned, 2 Pavlovich v. Watts, 46 Cal.App.2d 103, 107 [ 115 P.2d 511 ], holds that “Mere inadequacy of price, however gross, is not of

1968Still later, as noted earlier, plaintiff and her children transferred their interests to the Dockums; such transfer was in consideration for fixed amounts payable three times each year, which fact (together with the previous quarterly payments) does not accord with the claim of appellant that the original contract was so dubious and uncertain that his interest therein could be purchased to his detriment at a nominal price. *253 With respect to the point last mentioned, 2 Pavlovich v. Watts, 46 Cal.App.2d 103, 107 [ 115 P.2d 511 ], holds that “Mere inadequacy of price, however gross, is not of

11
Sprout v. South Bendgreen
scotus · 1928 · cited in 1 California opinions naming this issue, 1955–1955
2 sentences

1955Sprout v. South Bend, Inc., 277 U.S. 163, 171 [ 48 S.Ct. 502 , 77 L.Ed. 833 , 62 A.L.R. 45 ]; East Ohio Gas Co. v. Tax Commission, 283 U.S. 465, 470 [ 51 S.Ct. 499 , 75 L.Ed. 1171 ].” The city contends that the Cooney case is distinguishable from the instant case in that the Montana license tax was levied for the privilege of doing joint interstate and intrastate business, whereas the Oceanside ordinance is so worded that the levy is for the privilege of doing intrastate business (citing Pacific Tel. & Tel.

1955Sprout v. South Bend, Inc., 277 U.S. 163, 171 [ 48 S.Ct. 502 , 77 L.Ed. 833 , 62 A.L.R. 45 ]; East Ohio Gas Co. v. Tax Commission, 283 U.S. 465, 470 [ 51 S.Ct. 499 , 75 L.Ed. 1171 ].” The city contends that the Cooney case is distinguishable from the instant case in that the Montana license tax was levied for the privilege of doing joint interstate and intrastate business, whereas the Oceanside ordinance is so worded that the levy is for the privilege of doing intrastate business (citing Pacific Tel. & Tel.

11
East Ohio Gas Co. v. Tax Comm'n of Ohiogreen
scotus · 1931 · cited in 1 California opinions naming this issue, 1955–1955
2 sentences

1955Sprout v. South Bend, Inc., 277 U.S. 163, 171 [ 48 S.Ct. 502 , 77 L.Ed. 833 , 62 A.L.R. 45 ]; East Ohio Gas Co. v. Tax Commission, 283 U.S. 465, 470 [ 51 S.Ct. 499 , 75 L.Ed. 1171 ].” The city contends that the Cooney case is distinguishable from the instant case in that the Montana license tax was levied for the privilege of doing joint interstate and intrastate business, whereas the Oceanside ordinance is so worded that the levy is for the privilege of doing intrastate business (citing Pacific Tel. & Tel.

1955Sprout v. South Bend, Inc., 277 U.S. 163, 171 [ 48 S.Ct. 502 , 77 L.Ed. 833 , 62 A.L.R. 45 ]; East Ohio Gas Co. v. Tax Commission, 283 U.S. 465, 470 [ 51 S.Ct. 499 , 75 L.Ed. 1171 ].” The city contends that the Cooney case is distinguishable from the instant case in that the Montana license tax was levied for the privilege of doing joint interstate and intrastate business, whereas the Oceanside ordinance is so worded that the levy is for the privilege of doing intrastate business (citing Pacific Tel. & Tel.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (17)

CaseCitedYears
Johnson v. Department of Corrections green
calctapp · 1995
2 sentences

2024(Levy, at p. 586.) Subsequently, Johnson v. Department of Corrections (1995) 38 Cal.App.4th 1700 , 1707–1708 held that the Levy requirement applied to oral settlements recited before the court.

2010(Levy, at p. 586.) 11 Johnson v. Department of Corrections (1995) 38 Cal.App.4th 1700 [ 45 Cal.Rptr.2d 740 ] (Johnson) addressed whether the Levy requirement under section 664.6 of the parties’ personal approval of a written settlement agreement applied equally to oral settlements recited before the court.

31996–2024
People v. Lombardi green
ny · 1967
2 sentences

1988In People v. Lombardi (1967) 20 N.Y.2d 266 [ 282 N.Y.S.2d 519 , 229 N.E.2d. 206], the court applied the Levy rule where a pharmacist tricked three young women into taking barbiturates, then drove them from Manhattan to Queens where he sexually assaulted and attempted to rape them. “[T]he court observed [ 229 N.E.2d at p. 208 ] that ‘the direction of the criminal law has been to limit the scope of the kidnapping statute, with its very substantially more severe penal consequences, to true kidnapping situations and not to apply it to crimes which are essentially robbery, rape or assault and in wh

1988In People v. Lombardi (1967) 20 N.Y.2d 266 [ 282 N.Y.S.2d 519 , 229 N.E.2d. 206], the court applied the Levy rule where a pharmacist tricked three young women into taking barbiturates, then drove them from Manhattan to Queens where he sexually assaulted and attempted to rape them. “[T]he court observed [ 229 N.E.2d at p. 208 ] that ‘the direction of the criminal law has been to limit the scope of the kidnapping statute, with its very substantially more severe penal consequences, to true kidnapping situations and not to apply it to crimes which are essentially robbery, rape or assault and in wh

21969–1988
Murphy v. Padilla green
calctapp · 1996
1 sentence

2024(See Critzer v. Enos (2010) 187 Cal.App.4th 1242 , 1254–1258; Murphy v. Padilla (1996) 42 Cal.App.4th 707, 716 .) Effective January 1, 2021, before the December 2021 stipulation in this case, the Legislature passed Assembly Bill No. 2723 (2019–2020 Reg. Sess.), which amended section 664.6.

12024–2024
Critzer v. Enos green
calctapp · 2010
1 sentence

2024(See Critzer v. Enos (2010) 187 Cal.App.4th 1242 , 1254–1258; Murphy v. Padilla (1996) 42 Cal.App.4th 707, 716 .) Effective January 1, 2021, before the December 2021 stipulation in this case, the Legislature passed Assembly Bill No. 2723 (2019–2020 Reg. Sess.), which amended section 664.6.

12024–2024
Ramos v. Superior Court of San Francisco Cnty. green
calctapp5d · 2018
1 sentence

2024She didn’t have to go through . . . all” the original onboarding paperwork when she went to work at The Outpost because, “from the global perspective for that season, she . . . had entered into this arbitration agreement with the Compass Group.” (Capitalization omitted.) In its colloquy with the parties during oral argument, the trial court returned multiple times to the clause in the agreement that said it covered claims arising out of or related to Gosselin’s employment with “any of the Compass Related Entities.” (Capitalization omitted.) After the trial court granted Levy’s motion to compel

12024–2024
Takahashi v. Board of Education green
calctapp · 1988
1 sentence

2013It operates on the person of the defendant by commanding him to do or desist from certain action.' [Citation.] [¶] It is well established that injunctions are not effective against the world at large." (Ibid.) Accordingly, Levy's claim for injunctive relief became moot as to the previous owners when Wells Fargo acquired the subject property, although judicial economy arguably would have been better served by granting Levy leave to name Wells Fargo as a defendant in the prior action rather than directing him to file a new action against Wells Fargo. 9 issue was not determined by the judgment, [

12013–2013
Cason v. Glass Bottle Blowers Assn. green
cal · 1951
1 sentence

2013A judgment "is not res judicata . . . as to any matters which the court expressly refused to determine and which it directed should be litigated in another forum or in another action." (Cason v. Glass Bottle Blowers Assn. (1951) 37 Cal.2d 134, 141 ; Stark v. Coker (1942) 20 Cal.2d 839, 843 ["[W]hen it affirmatively appears that an 5 An injunction is not an in rem remedy that runs with the land.

12013–2013
Woodring v. Doyle green
calctapp · 1962
1 sentence

2013It operates on the person of the defendant by commanding him to do or desist from certain action.' [Citation.] [¶] It is well established that injunctions are not effective against the world at large." (Ibid.) Accordingly, Levy's claim for injunctive relief became moot as to the previous owners when Wells Fargo acquired the subject property, although judicial economy arguably would have been better served by granting Levy leave to name Wells Fargo as a defendant in the prior action rather than directing him to file a new action against Wells Fargo. 9 issue was not determined by the judgment, [

12013–2013
Livadas v. Bradshaw green
scotus · 1994
1 sentence

2003The fact that Levy’s claim to union wages requires an interpretation of a union-management agreement, and not merely a straightforward reference to a CBA that unquestionably covers him, sharply distinguishes this case not only from Cramer but also from Livadas v. Bradshaw, supra, 512 U.S. 107 .

12003–2003
Levy v. Superior Court green
cal · 1995
1 sentence

2002In fact, the case construes the term “party” in section 664.6 to mean “the specific person or entity by or against whom legal proceedings are brought.” (Levy v. Superior Court, supra, 10 Cal.4th at p. 583 , italics added; see also Sully-Miller Contracting Co. v. Gledson/Cashman Construction, Inc. (2002) 103 Cal.App.4th 30, 37 [ 126 Cal.Rptr.2d 400 ] [agreement belatedly signed by corporate officer did not satisfy Levy’s party-signature requirement]; Burckhard v. Del Monte Corp., supra, 48 Cal.App.4th at pp. 1914-1915 [Levy rule barred enforcement under § 664.6 of settlements not signed by plai

12002–2002
Nicholson v. Barab green
calctapp · 1991
2 sentences

1999It relied on Nicholson v. Barab (1991) 233 Cal.App.3d 1671 [ 285 Cal.Rptr. 441 ], a case which disagreed with our Haldeman opinion and which held that the word “parties” in section 664.6 did not include the parties’ attorneys.

1999It relied on Nicholson v. Barab (1991) 233 Cal.App.3d 1671 [ 285 Cal.Rptr. 441 ], a case which disagreed with our Haldeman opinion and which held that the word “parties” in section 664.6 did not include the parties’ attorneys.

11999–1999
People v. Daniels green
cal · 1969
2 sentences

1988In People v. Lombardi (1967) 20 N.Y.2d 266 [ 282 N.Y.S.2d 519 , 229 N.E.2d. 206], the court applied the Levy rule where a pharmacist tricked three young women into taking barbiturates, then drove them from Manhattan to Queens where he sexually assaulted and attempted to rape them. “[T]he court observed [ 229 N.E.2d at p. 208 ] that ‘the direction of the criminal law has been to limit the scope of the kidnapping statute, with its very substantially more severe penal consequences, to true kidnapping situations and not to apply it to crimes which are essentially robbery, rape or assault and in wh

1988In People v. Lombardi (1967) 20 N.Y.2d 266 [ 282 N.Y.S.2d 519 , 229 N.E.2d. 206], the court applied the Levy rule where a pharmacist tricked three young women into taking barbiturates, then drove them from Manhattan to Queens where he sexually assaulted and attempted to rape them. “[T]he court observed [ 229 N.E.2d at p. 208 ] that ‘the direction of the criminal law has been to limit the scope of the kidnapping statute, with its very substantially more severe penal consequences, to true kidnapping situations and not to apply it to crimes which are essentially robbery, rape or assault and in wh

11988–1988
People v. Hatch neutral
nyappdiv · 1966
2 sentences

1969A more recent example is People v. Miles (1969) 23 N.Y.2d 527 [ 297 N.Y.S.2d 913 , 245 N.E.2d 688 ], in which the New York Court of Appeals declined to apply the Levy rule to defendants who attempted to murder their victim in New Jersey, tied him up and threw him into the trunk of an automobile, drove for several hours in various directions looking for a place to finish killing him and dispose of his body, and finally crossed the state line into New York, where the arrest took place. 10 Other New York decisions applying Levy are People v. King (1966) 26 A.D.2d 832 [ 273 N.Y.S.2d 925 ] [kidnapi

1969A more recent example is People v. Miles (1969) 23 N.Y.2d 527 [ 297 N.Y.S.2d 913 , 245 N.E.2d 688 ], in which the New York Court of Appeals declined to apply the Levy rule to defendants who attempted to murder their victim in New Jersey, tied him up and threw him into the trunk of an automobile, drove for several hours in various directions looking for a place to finish killing him and dispose of his body, and finally crossed the state line into New York, where the arrest took place. 10 Other New York decisions applying Levy are People v. King (1966) 26 A.D.2d 832 [ 273 N.Y.S.2d 925 ] [kidnapi

11969–1969
Anthony Muratore Contracting Co. v. Frouge Construction Co. neutral
nyappdiv · 1966
2 sentences

1969A more recent example is People v. Miles (1969) 23 N.Y.2d 527 [ 297 N.Y.S.2d 913 , 245 N.E.2d 688 ], in which the New York Court of Appeals declined to apply the Levy rule to defendants who attempted to murder their victim in New Jersey, tied him up and threw him into the trunk of an automobile, drove for several hours in various directions looking for a place to finish killing him and dispose of his body, and finally crossed the state line into New York, where the arrest took place. 10 Other New York decisions applying Levy are People v. King (1966) 26 A.D.2d 832 [ 273 N.Y.S.2d 925 ] [kidnapi

1969A more recent example is People v. Miles (1969) 23 N.Y.2d 527 [ 297 N.Y.S.2d 913 , 245 N.E.2d 688 ], in which the New York Court of Appeals declined to apply the Levy rule to defendants who attempted to murder their victim in New Jersey, tied him up and threw him into the trunk of an automobile, drove for several hours in various directions looking for a place to finish killing him and dispose of his body, and finally crossed the state line into New York, where the arrest took place. 10 Other New York decisions applying Levy are People v. King (1966) 26 A.D.2d 832 [ 273 N.Y.S.2d 925 ] [kidnapi

11969–1969
People v. King neutral
nyappdiv · 1966
2 sentences

1969A more recent example is People v. Miles (1969) 23 N.Y.2d 527 [ 297 N.Y.S.2d 913 , 245 N.E.2d 688 ], in which the New York Court of Appeals declined to apply the Levy rule to defendants who attempted to murder their victim in New Jersey, tied him up and threw him into the trunk of an automobile, drove for several hours in various directions looking for a place to finish killing him and dispose of his body, and finally crossed the state line into New York, where the arrest took place. 10 Other New York decisions applying Levy are People v. King (1966) 26 A.D.2d 832 [ 273 N.Y.S.2d 925 ] [kidnapi

1969A more recent example is People v. Miles (1969) 23 N.Y.2d 527 [ 297 N.Y.S.2d 913 , 245 N.E.2d 688 ], in which the New York Court of Appeals declined to apply the Levy rule to defendants who attempted to murder their victim in New Jersey, tied him up and threw him into the trunk of an automobile, drove for several hours in various directions looking for a place to finish killing him and dispose of his body, and finally crossed the state line into New York, where the arrest took place. 10 Other New York decisions applying Levy are People v. King (1966) 26 A.D.2d 832 [ 273 N.Y.S.2d 925 ] [kidnapi

11969–1969
People v. Miles green
ny · 1969
2 sentences

1969A more recent example is People v. Miles (1969) 23 N.Y.2d 527 [ 297 N.Y.S.2d 913 , 245 N.E.2d 688 ], in which the New York Court of Appeals declined to apply the Levy rule to defendants who attempted to murder their victim in New Jersey, tied him up and threw him into the trunk of an automobile, drove for several hours in various directions looking for a place to finish killing him and dispose of his body, and finally crossed the state line into New York, where the arrest took place. 10 Other New York decisions applying Levy are People v. King (1966) 26 A.D.2d 832 [ 273 N.Y.S.2d 925 ] [kidnapi

1969A more recent example is People v. Miles (1969) 23 N.Y.2d 527 [ 297 N.Y.S.2d 913 , 245 N.E.2d 688 ], in which the New York Court of Appeals declined to apply the Levy rule to defendants who attempted to murder their victim in New Jersey, tied him up and threw him into the trunk of an automobile, drove for several hours in various directions looking for a place to finish killing him and dispose of his body, and finally crossed the state line into New York, where the arrest took place. 10 Other New York decisions applying Levy are People v. King (1966) 26 A.D.2d 832 [ 273 N.Y.S.2d 925 ] [kidnapi

11969–1969
Pacific Telephone & Telegraph Co. v. Tax Commission green
scotus · 1936
2 sentences

1955Co. v. Tax Commission, 297' U.S. 403, 414 [ 56 S.Ct. 522 , 80 L.Ed. 760 , 105 A.L.R. 1 ]), where the court said: “Although the two branches of the business of the companies are inseparable, the tax is not laid inseparable upon both.

1955Co. v. Tax Commission, 297' U.S. 403, 414 [ 56 S.Ct. 522 , 80 L.Ed. 760 , 105 A.L.R. 1 ]), where the court said: “Although the two branches of the business of the companies are inseparable, the tax is not laid inseparable upon both.

11955–1955

Where else courts name it

CA 14 (1955–2024) NY 6 (1953–2025) MO 6 (1966–2023) TX 4 (1899–2014) TN 4 (1970–2003) AL 4 (1916–1956) PA 4 (1901–2024) IL 4 (1972–2018) GA 4 (1881–1958) CT 3 (1993–2011) IN 3 (2005–2017) WA 3 (1948–1996) NJ 3 (1985–2014) LA 2 (1994–2017) MS 2 (1915–1953) OK 2 (1947–1994)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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