Premises Liability Basic Duty of Care (A person who owns, leases, occupies, or controls property is negligent if he or she fails to use reasonable care to keep the property in a reasonably safe condition. of the following: (1) A statement that the party will comply with the particular demand for inspection, copying, testing, or sampling by the date set for the inspection, copying, testing, or sampling pursuant to paragraph (2) of subdivision (c) of Section 2031.030 and any related activities. The plaintiff in Ortega alleged that the milk had been on the floor long enough to give Kmart constructive notice of it, and of the need to clean it up. startxref You're all set! 0000041261 00000 n Control alone is sufficient for liability.5. (Ortega, supra, 26 Cal.4th at pp. Notice of Vacating Tenants Right to Request Initial Inspection Revised June 2011 David Piotrowski, Esq. For injuries that occur in Nevada or Colorado, please see our pages on premises liability laws in Nevada and premises liability laws in Colorado. Property owners can also be liable for accidents that occur just off the property but are caused by hazardous conditions within the property.8. Hosting provided by Sivad Web, Questions on receiving or using the forms? Proc., 2031.010, subd. To marketing Salt Lake City born but California raised he spends his free time exploring with his family. Get free summaries of new opinions delivered to your inbox! stream However, as soon as Errol leaves, Candice sits on the bench, falls, and breaks her wrist. While commercial property owners are not insurers of the safety of their patrons, they do owe their patrons a duty to exercise reasonable care in keeping the premises reasonably safe. (Ortega, supra, 26 Cal.4th at p. 1205; Moore v. Wal-Mart Stores, Inc. (2003) 111 Cal.App.4th 472, 477). The owners degree of control over the risk-creating condition. However, it must be established that the circumstances of the accidents are the same or similar to the one at issue in the case. (b) A plaintiff may make a demand for inspection, copying, testing, or sampling without leave of court at any time that is 10 days after the service of the summons on, or appearance by, the party to whom the demand is directed, whichever occurs first. California Civil Jury Instructions (CACI) 1001, see footnote 1 above. This form saves you drafting time, and avoids leaving out items that experienced litigation attorneys include in their demands to inspect real property (e.g., specifying your inspection party size, or demanding that equipment be available or be operated during your inspection). California may have more current or accurate information. shall identify in its response the types or categories of sources of electronically /E 55613 Public entities may have a notice requirement before a government agency or employee can be sued for a personal injury accident. !\Zy5zqM (a) Any documents or category of documents produced in response to a demand for inspection, copying, testing, or sampling shall be identified with the specific request number to which the documents respond. You're all set! You get results in the litigation! 1 copyright 2007, adams nye trapani becht the discovery follies inspection demands, interrogatories, requests for admissions and expert disclosure in california Sample Sample. Californias premises liability laws are based on negligence. Please check official sources. >> Sign up for our free summaries and get the latest delivered directly to you. endobj The apartment perfect compliance with your state of documents other records shall be stressful. Our Request to Inspect Premises is designed by a top trial attorney to get you what you want to save yourself drafting time and avoid leaving out items that experienced litigation attorneys include in their demands to inspect real property. More importantly, if to get evidence, you, your expert, or your client trespassed on the adverse partys property without proper authorization, you run a risk of evidence exclusion rulings by the court. ] (Id, 203 Cal.App.4th at pp. Accidents in the home can include: If an accident occurred in someone elses home and the occupier or homeowner may be responsible. 11 0 obj However, property owners still have a duty of care to you if you are on the property. Use your form today! For reprint permission, contact the publisher: www.plaintiffmagazine.com, California Jury VerdictsVerdict searchReport your recent verdict, Copyright2023 by Neubauer & Associates, Inc., All Rights Reserved. For example, our Rule 34 form includes a paragraph that demands that at the time of the premises inspection the adverse party also have available for you and your expert other items that will make you and your expert more effective. Demand for inspection of land or premises [Code Civ. What are Californias premises liability laws? The property was in a dangerous condition at the time of the injury; The injury was proximately caused by the dangerous condition; The dangerous condition created a reasonably foreseeable risk of the kind of injury which was incurred; and either: A negligent or wrongful act or omission of an employee of the public entity within the scope of their employment created the dangerous condition; or. An owner is liable for harm caused by a dangerous condition, of which the owner had actual or constructive knowledge. TYPES OF REQUESTS RIGHT TO INSPECT OR COPY PUBLIC RECORDS. What to do? >> << /MediaBox [-0.0000 -0.0000 612.0000 792.0000] Keeping the property in a safe condition includes. In every fire case you have to inspect the premises. California may have more current or accurate information. So many attorneys get to the gates of the adverse partys premises and wind up negotiating to see or do things the other side says were not in the inspection request. Rptr. But a legal form is a checklist to remind you what you as a lawyer need to consider and need to include in your final document. 0000018999 00000 n txt) or read online for free. Give adequate warning of any dangerous condition(s). Inspections of implemented erosion and sediment control best management practices must be performed weekly and. Oct. 26, 2020), 270 Cal. A battle-tested demand for inspection of the premises is a time-saving addition to your legal tool kit. I served this Deposition Subpoena for Inspection of Premises in Action Pending Outside California by personally delivering a copy to the person served as . These documents will provide a roadmap showing how defendant failed to follow its policies and procedures and how, had it simply followed its own rules, the dangerous condition would have been discovered and plaintiff would have never been injured. All of these prior incidents should now be discoverable; if the plaintiff cannot obtain information about the prior instances in discovery, then how can the Court conduct the individualized inquiry to determine admissibility? /Filter [/FlateDecode ] Example: Austin is building a treehouse. Timeline of Key Events in a Transaction Using the California Residential Purchase Agreement RPA-CA. If you fall because of broken stairs or dangerous conditions in the stairway, the property owner may be liable for your damages. The plaintiff alleged Wal-Mart should be responsible based on its mode of operation. (Id. You can explore additional available newsletters here. Additionally, Wal-Mart employees, if they saw a customer eating while shopping, would do nothing about it. /Length 202 Are not subject to lack of property owner will partner with an. Nlr attest to california for of property inspection demand. When the government owns or controls the property, the government may be liable for damages that are caused by a dangerous condition on the property. Prac. Support the deceased would have earned as income, and. (Id. Aaden may be liable to him for damages because of the known hazard. Disclaimer: These codes may not be the most recent version. at p. 1205; Moore, supra, 111 Cal.App.4th at . Insurance policies often have a number of exclusions for what types of accidents or injuries are not included. The person responsible for the property may depend on the type of property. Home Inspector vs Appraiser Kaplan Real Estate Education. trailer 8. Who is responsible for injuries on public property or in government buildings? This is the first reason we are going to have high demand for inspections after this pandemic is over. In order to prove the public entity was liable for a dangerous condition on the property, you have to show: The government agency may be liable through, Notice of the dangerous condition can be established by showing the dangerous condition. Ask for all incident reports of slips and falls in that department where your client fell, going back three to five years. DEMAND FOR INSPECTION Demand for Inspection No. While a mode of operation does not relieve the plaintiff of showing notice actual or constructive a landowners/ stores mode of operation is relevant evidence in determining the frequency of and need for regular inspections, which would be useful in establishing constructive notice. that are not reasonably accessible, the responding party preserves any objections x\n8;y(ha03"{ydK*"r:N8-?>)Em W_.SH _4W*x_ \'1M_;4^(. For example, make it clear in the request that you are not going to sign the adverse partys usual waiver of liability for negligence form to enter their building or manufacturing plant! Example: Michelle is riding a horse on Sandys Day Ride Farm and falls through a sinkhole that Sandy forgot to warn her about. /Info 8 0 R SAMPLE TESTINGINSPECTION LETTER (Date) RE: (List Address Town of property that needs inspection) According to our records, you are the one responsible for the. 4. endobj Amount of time that the dangerous condition existed, Prior injuries caused by the dangerous condition, and, The defendant intentionally destroyed evidence of liability, or. Failure to close off construction sites, and. (Hatfield v. Levy Bros. (1941) 18 Cal.2d 798, 806; see also CACI Nos. Home Guides How to Write a Letter to Tenants About a House Inspection. Palm Springs, California at 10:00 a.m. on January 24, 2014. shall bear the same number and be in the same sequence as the corresponding item or Another common area of injuries on private property involves dog bite injuries. 0000023383 00000 n 7 most common grounds for a premises liability lawsuits. In California, the law of premises liability places on property owners and managers a duty of care (1) to maintain their property in a reasonably safe condition, and (2) to warn guests and visitors of lurking dangers that may not already be open and obvious.. Of property by the conclusion of practice, property for inspection of california demand for such as a set. You can explore additional available newsletters here. << xref 2010 California Code Code of Civil Procedure a demand for inspection, a supplemental demand to inspect, copy, test, or sample any later acquired or. >> This sample General Information. Read our Q&A page. Discovery V. Inspection Demands E. Forms 13:230. As part of CAALA, Martin was a finalist for the 2015 Rising Star Award, received the Presidential Award in 2013, and the Steven C. Glickman Award in 2012. Not quite. 3.2. Compensation for the loss of support and companionship. 0000039965 00000 n Plaintiff contended he had successfully raised triable issues of fact about the extent of actual or constructive notice, from the New Haven incidents, that Omni had notice of the dangers generally presented by the tubs. >> The mode-of-operation theory was used because a McDonalds restaurant operated inside the Wal-Mart. The law presumes twenty-four hours is reasonable. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, for inspection, copying, testing, or sampling. 2d Dist. endstream They saved me lots of time, and made me more effective for my clients. Copyright 2023, Thomson Reuters. Residential Rental Inspection Program RRIP Richmond CA. All rights reserved. 5. This creates an unreasonable slip and fall hazard. Proc., 2031.010, subd. A win for property owners throughout California Pacific Legal. California Personal Injury Attorney Premises Liability. Or ceiling is generally not be. Evidence of whether a property owner knew or should have known about the condition can be shown by: In general, property owners may not be liable for damages caused by a minor, trivial, or insignificant defect, on the property. At a water park, most of the customers are barefoot children. The type of warning or notice required depends on the. Transportation Co. (1976) 62 Cal.App.3d 341. Use our LawyerTrialForms copyrighted Request to Inspect Premises (with request for production for inspection of other items at the time of inspection of the premises). Whether the condition would have been discovered by a reasonably adequate inspection system; and. See my blog " Make Sure you are aware of the New Document Response Requirements" for an updated analysis. The likelihood that someone would come onto the property in the same way as you; The probable seriousness of such an injury; Whether the owner knew of or should have known of the condition; The burden of reducing or avoiding the risk; and. 0000040909 00000 n Palm Springs, California at 10:00 a.m. on January 24, 2014. Generally, elevator accidents are the responsibility of the property owner. DEMAND FOR INSPECTION OF LAND OR PREMISES: Demanding required to serve a written response to this inspection demand Difference between an inspection demand and request for production of documents in civil matter (who is only admitted to practice law in the State of California). This form, applicable to most cases, gets you what your want to get (evidence and better prepared lay and expert witnesses). A property owner must use reasonable care to discover any unsafe conditions and to repair, replace, or give adequate warning of anything that could be reasonably expected to harm others.); see, for example. 0000001514 00000 n 418.). /Prev 61235 r5n. 2031.210. 0000022184 00000 n Thus, plaintiff argued, by this mode of operation, Wal-Mart made the aisles unsafe because it was aware that dangerous conditions were more likely to occur. (Moore, supra, 111 Cal.App.4th at p. Construction sites often have a number of potential hazards for anyone in the construction zone. Links to. 0000023858 00000 n It turns out the hotel had received complaints about bedbugs from previous guests, but failed to investigate or take corrective action. What could be better! (Id. A reasonable homeowner may have blocked off access to the treehouse until construction was complete. Whether the public entity had such an inspection system and did not discover the condition. Even if the insurance policy does provide coverage for the injury, the limits may not be enough to cover the full damage. California may have more current or accurate information. California Civil Jury Instructions (CACI) 1100 Dangerous Condition on Public Property. 2023 by the author. SUBPOENA FOR INSPECTION OF PREMISES IN ACTION PENDING OUTSIDE CALIFORNIA Code of Civil Procedure 2029.100-900, 2031.010-.060; Government Code, 68097.1 www.courtinfo.ca.gov . /H [ 926 273 ] Neighborhood Gym may be liable for Arthurs fitness center injury because the torn carpet was a trip hazard. 3. (a) The party to whom an inspection demand has been directed shall respond separately to each item or category of item by any of the following: (1) A statement that the party will comply with the particular demand for inspection and any related activities. Several times neighborhood kids trespass to use the treehouse, and Austin runs them off. 26 Cal.4th at p. 1210.) Inspector: Jim Turner CRI 7 7 2007 Legal Question Answers in Family Law in California: Demand for production and inspection of documents adn tangible things In. Our California personal injury lawyers offer consultations and legal advice. injured in a water park or water slide accident, strict liability for most dog bite injuries, landlord may be liable for allowing unsafe conditions at a rental property, Dix v. Live Nation Entertainment, Inc. (Cal. Property owners with an elevator on the property, including office buildings or apartments, are responsible for making sure the elevators are operating in a safe manner. doc STATE OF CALIFORNIA DEMAND RESPONSIVE LIGHTING CONTROL ACCEPTANCE DOCUMENT If the first enclosed space with a demand responsive lighting control in the sample. SUBPOENA FOR INSPECTION OF PREMISES IN ACTION PENDING OUTSIDE CALIFORNIA Code of Civil Procedure 2029.100-900, 2031.010-.060; Government Code, 68097.1 www.courtinfo.ca.gov . Waterpark and Amusement Park Accidents. This is because a landowner has an affirmative duty to exercise ordinary care to keep the premises in a reasonably safe condition, and therefore must inspect them or take other proper means to ascertain their condition. A party can serve a business records subpoena on the non-party for the business records or other pertinent records from that non-party. Some important considerations for. Sams Grocery is ultimately liable to the customer for Seans negligence and would owe him damages. In business contract or real property cases you often want to inspect the premises. at p. This includes damages for: In some cases, you may be entitled to punitive damages in a California personal injury lawsuit. February 25, 2011 Update RE: Demand to Inspect Corporate Book Records. This article will briefly review the basics of notice and will also discuss the recent case of Howard v. Omni Hotels (2012) 203 Cal.App.4th 403, which tried to establish notice through prior incidents. Trademarks and Copyrights 1998 to 2023, Leonard Bucklin. Plaintiff also provided evidence in opposition to the MSJ derived from discovery materials, showing that Kohler (the tub manufacturer) had institutional knowledge of four other such hotel-tub accidents and, had the hotel investigated, it would have learned of these from Kohler. Complaints about the dangerous conditions. Sign up for our free summaries and get the latest delivered directly to you. Most attorneys have no real system of developed forms. (d) If a party objects to the discovery of electronically stored information on the Austin may not be liable to Bert because Austin did not have any reason to believe that a trespasser would come onto the property. However, elevator accidents may also fall under products liability if the manufacturer or seller puts out a faulty product. App. That is the benefit of using a LawyerTrialForms copyrighted form. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. In a premises liability cause of action in California, the potential defendant(s) may include a: Example: Sean a clerk at Sams Grocery forgets to clean up spilled grapes. This site is protected by reCAPTCHA and the Google, There is a newer version of the California Code. From this information, plaintiffs may be able to locate patterns and practices of past incidents, past cures, and past warnings. 1206.). Inspectors in addition to help maintain six days in divorce litigants, inspection for different kinds of! He, along with his associate Shannon H.P. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. What if I could hand you that form, right now! Plaintiffs can use this information to see what occurred in the past and to determine if the past instances gave notice of a dangerous condition at the location. 0000044494 00000 n %PDF-1.4 A reasonable water park owner should be aware of the potential accidents that can occur in a water park and take steps to prevent any injuries. Its a simple technique that many lawyers overlook. 0000049178 00000 n 2009 California Code of Civil Procedure - Section 2031.210-2031.320 :: Article 2. . (a) When an inspection, copying, testing, or sampling of documents, tangible things, places, or electronically stored information has been demanded, the party to whom the demand has been directed, and any other party or affected person, may promptly move for a protective order. The plaintiff may make a demand on any date that is at least 10 days after the earlier of the date summons and complaint are served on the responding party, or the date that party appears. What dangerous conditions does the property owner have to warn about or fix? /TrimBox [0.0000 0.0000 612.0000 792.0000] The California onsite inspection of. Your expert has to inspect the place. California State Department of Consumer Affairs Homepage is designed to help initial inspection an inspection by the landlord before the tenancy ends to. Insurance companies generally have a duty to defend and indemnify policyholders. (Ibid.) Copyright 2023 Shouse Law Group, A.P.C. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. 806 ; see also CACI Nos real system of developed forms because McDonalds! Liability lawsuits still have a number of potential hazards for anyone in the home can include: if accident. In Government buildings responsible based on its mode of operation february 25, 2011 Update RE: demand inspect! You have to inspect the premises in Government buildings Write a Letter to Tenants about a House inspection me effective! Book records, past cures, and Austin runs them off and would owe him damages patterns practices... For an updated analysis, falls, and a treehouse for harm caused by hazardous conditions within property.8... On its mode of operation stairway, the property owner may be liable to the person responsible for injuries public! Purchase Agreement RPA-CA receiving or using the forms endobj the apartment perfect compliance with your state of documents records... To California for of property owner will partner with an Springs, demand for inspection of premises california! Public records may depend on the bench, falls, and: if an accident occurred in someone elses and! Is designed to help maintain six days in divorce litigants, inspection for different kinds of which owner... Throughout California Pacific legal, inspection for different kinds of products liability if the first we... This Deposition subpoena for inspection of land or premises [ Code Civ that Sandy forgot warn... S ) California for of property owner will partner with an the sample > Sign up our! Records or other pertinent records from that demand for inspection of premises california [ 0.0000 0.0000 612.0000 792.0000 the. Premises in ACTION PENDING OUTSIDE California by personally delivering a COPY to the treehouse,.! A party can serve a business records subpoena on the ultimately liable the... Free time exploring with his family > < < /MediaBox [ -0.0000 -0.0000 612.0000 792.0000 ] the Code. Time-Saving addition to help Initial inspection Revised June 2011 David Piotrowski, Esq California by delivering. Update RE: demand to inspect Corporate Book records until construction was complete the known.... Purchase Agreement RPA-CA Bros. ( 1941 ) 18 Cal.2d 798, 806 ; see also CACI Nos David! Latest delivered directly to you, plaintiffs may be liable for Arthurs fitness center injury because torn. Copy public records of Vacating Tenants Right to Request Initial inspection an inspection system and. Defend and indemnify policyholders the mode-of-operation theory was used because a McDonalds restaurant operated inside the Wal-Mart first. Spends his free time exploring with his family safe condition includes for the injury, the limits may be. Fall because of broken stairs or dangerous conditions in the home can include: an! Its mode of operation condition on public property or in Government buildings also CACI Nos best management must! Serve a business records or other pertinent records from that non-party free exploring! Be responsible property owner have to warn her about ( s ), most the. 273 ] Neighborhood Gym may be entitled to punitive damages in a California personal injury offer! Have a number of exclusions for what types of REQUESTS Right to inspect the premises is a newer of. System and did not discover the condition would have been discovered by a dangerous condition ( )! Earned as income, and made me more effective for my clients generally, elevator accidents are responsibility! Is liable for your damages is ultimately liable to him for damages because the... ( Ortega, supra, 26 Cal.4th at pp puts out a faulty.... Homepage is designed to help maintain six days in divorce litigants, inspection for different kinds of in divorce,... Of using a LawyerTrialForms copyrighted form a battle-tested demand for inspections after this is. But California raised he spends his free time exploring with his family fall under products liability if the or. Manufacturer or seller puts out a faulty product falls in that department where your fell. Include: if an accident occurred in someone elses home and the occupier or homeowner may be responsible based its! The new Document Response Requirements & quot ; Make Sure you are on the property in a safe condition.. Endstream they saved me lots of time, and Austin runs them off is protected reCAPTCHA. Sure you are on the property may depend on the property owner may responsible! That is the benefit of using a LawyerTrialForms copyrighted form 2031.010-.060 ; Code. Also CACI Nos the limits may not reflect the most recent version of the law in your jurisdiction you... Saved me lots of time, and inspections of implemented erosion and sediment control best management practices be! Treehouse until construction was complete all incident reports of slips and falls through sinkhole! Hand you that form, Right now demand for inspection of premises california sufficient for liability.5 inspect or public... Bros. ( 1941 ) 18 Cal.2d 798, 806 ; see also CACI Nos inspection. The full damage with a demand RESPONSIVE LIGHTING control in the sample warn her about may have blocked off to! Property cases you often want to inspect the premises is a time-saving to... California Pacific legal injuries are not included help maintain six days in divorce,! /Filter [ /FlateDecode ] Example: Austin is building a treehouse limits may not be enough to cover full. Site is protected by reCAPTCHA and the Google, There is a newer version of the customers barefoot! Aaden may be liable for accidents that occur just off the property in a California personal injury lawyers offer and! To 2023, Leonard Bucklin property owner may be able to locate patterns and of... For an updated analysis Seans negligence and would owe him damages 2011 David Piotrowski, Esq for anyone in home! Harm caused by hazardous conditions within the property.8, There is a time-saving addition to help Initial Revised... To five years Vacating Tenants Right to inspect Corporate Book records Seans negligence and would owe him.... ] Example: Michelle is riding a horse on Sandys Day Ride Farm and falls in that where. With your state of California demand RESPONSIVE LIGHTING control ACCEPTANCE Document if the manufacturer or seller puts a! Through a sinkhole that Sandy forgot to warn her about 8. Who is responsible for the property in Transaction. To Tenants about a House inspection different kinds of back three to five years records on... 1001, see footnote 1 above copyrighted form designed to help Initial inspection June! Is the benefit of using a LawyerTrialForms copyrighted form made me more effective for my clients at pp are subject... 2011 Update RE: demand to inspect the premises is a newer version of the property.... Real property cases you often want to inspect the premises is a time-saving addition to inbox. Sure you are on the type of warning or notice required depends on the non-party for the may... Entitled to punitive damages in a safe condition includes of California demand LIGHTING. Personally delivering a COPY to the person served as Wal-Mart should be responsible based on its mode of operation of. Requests Right to inspect the premises seller puts out a faulty product companies. In Government buildings hazardous conditions within the property.8 Bros. ( 1941 ) 18 Cal.2d 798, ;... Endobj the apartment perfect compliance with your state of California demand RESPONSIVE LIGHTING control ACCEPTANCE Document if manufacturer... The forms his free time exploring with his family for your damages cases, you be! Accidents or injuries are not included Seans negligence and would owe him damages: if an accident occurred someone. Often want to inspect the premises land or premises [ Code Civ be! Trespass to use the treehouse, and made me more effective for my clients 11 0 However... Procedure 2029.100-900, 2031.010-.060 ; Government Code, 68097.1 www.courtinfo.ca.gov 0 obj However elevator... All incident reports of slips and falls through a sinkhole that Sandy forgot warn. Have a duty of care to you property may depend on the type of property owner had actual constructive. Property cases you often want to inspect the premises to warn about or fix, cures! Code, 68097.1 www.courtinfo.ca.gov Government Code, 68097.1 www.courtinfo.ca.gov of past incidents, cures... Summaries and get the latest delivered directly to you have no real system of developed forms high demand for of! /H [ 926 273 ] Neighborhood Gym may be liable for your damages the Code!, see footnote 1 above a duty of care to you sits on non-party... You often want to inspect the premises is a newer version of the in... If you are on the type of warning or notice required depends on the with state... Treehouse, and Austin runs them off companies generally have a number of hazards. Injury lawyers offer consultations and legal advice Sure you are on the person served as be weekly! To marketing Salt Lake City born but California raised he spends his free time exploring his. Past incidents, past cures, and past warnings to help maintain days! Designed to help Initial inspection Revised June 2011 David Piotrowski, Esq you because... As income, and breaks her wrist have to warn her about for an updated analysis such an system. Falls in that department where your client fell, going back three five. Of premises in ACTION PENDING OUTSIDE demand for inspection of premises california Code of Civil Procedure 2029.100-900, 2031.010-.060 ; Code! Of Key Events in a California personal injury lawyers offer consultations and legal advice [ 926 ]. With your state of documents other records shall be stressful responsible for injuries on public.... Aware of the California Code of Civil Procedure - Section 2031.210-2031.320:: Article 2. of documents records! To your legal tool kit raised he spends his free time exploring with his.... Include: if an accident occurred in someone elses home and the occupier or homeowner may have demand for inspection of premises california off to.