HomeMy WebLinkAbout20260204_Answer Filed- B&B Construction_City v SmithELECTRONICALLY FILED2/4/2026 3:46 PMVincentT.Martinez,SBN 174157
CHELL AND RICE,LLP
2 215 North Lincoln Street San Luis Obispo Superior Court
P.O.Box 520
Santa Maria,CA 93456
Telephone:(805)925-2611
4 Facsimile:(805)925-1635
email:vmartinez@twitchellandrice.com
5 email:llimone@twitchellandrice.com
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By:
Inma Santidgt,Deputy Clerk
6 Attorney for Defendant B&B CONSTRUCTION CLEANUP,INC.
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN LUIS OBISPO
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THE PEOPLE OF THE STATE OF CALIFORNIA,EX)Case Number:25CV-0667
REL.J.CHRISTINE DIETRICK,CITY ATTORNEY )
OF THE CITY OF SAN LUIS OBISPO;and THE
CITY OF SAN LUIS OBISPO,a California
municipal corporation,
DEFENDANT B&B CONSTRUCTION
CLEANUP,INC.'S ANSWER TO
VERIFIED COMPLAINT
Plaintiffs,
)Unlimited Civil
VS.
Complaint Filed:October 16,2025
LAUREL CREEK,LP,a California limited partnership;)
16 LAUREL CREEK,II,L.P.,a Delaware limited
partnership;1160 LAUREL LANE,LLC,a California
17 limited liability company;PATRICK N.SMITH a/k/a
PATRICK SMITH,an individual;SMITH AND
18 COMPANY,A REAL ESTATE INVESTMENT
DEVELOPMENT CORPORATION,a California
19 corporation;PATRICK N.SMITH a/k/a/PATRICK
SMITH,AS TRUSTEE OF THE PATRICK N.SMITH )
20 2004 LIVING TRUST;CPIF CALIFORNIA LLC,a
California limited liability company;CPIF LAUREL
21 CREEK,LLC,a Washington limited liability company;)ALL WALL SYSTEMS,INC.,a Delaware corporation;)
22 AMERICAN RIVIERA BANK,a California
corporation;ARNOLD BUILDERS,INC.,a California )
23 corporation;B&B CONSTRUCTION CLEANUP,INC.)
a California corporation;BLUE STEEL CONCRETE,)
24 LLC,a California limited liability company;COAST
ENGINEERING &DESIGN INC.,a California
25 corporation,CONSOLIDATED ELECTRICAL
DISTRIBUTORS,INC.,d/b/a CALIFORNIA
26 ELECTRICAL SUPPLY,a Delaware corporation;CULBERT PLUMBING,INC.,F/K/A CULBERT
27 CONSTRUCTION AND PLUMBING,INC.,a
California stock corporation;EMPIRE ELECTRICAL )
28 SOLUTIONS,INC.,a California corporation;
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ANSWER TO VERIFIED COMPLAINTINAA
FAMCON PIPE &SUPPLY,INC.,a California
corporation;GW SURFACES,a California corporation;)
2 HOMER T.HAYWARD LUMBER CO.,a California )
corporation;KIRK CONSTRUCTION,a California
3 corporation;LC LENDERS,LLC,a Delaware limited )
liability company;LW CONSTRUCTION,INC.,a
4 California corporation;MAHOGANY
CONSTRUCTION,INC.,a California corporation;
5 NOLAN CHURCH DOING BUSINESS AS
COLORTRENDS PAINTING &DECORATING,a
6 California sole ownership or proprietor business;THE )
SHERWIN-WILLIAMS COMPANY,an Ohio
7 corporation;UNITED RENTALS (NORTH
AMERICA)INC.,a Delaware corporation;US AIR
8 CONDITIONING DISTRIBUTORS,LLC.,a Delaware )
limited liability company;and,DOES 1-50,inclusive,
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Defendants.
Defendant B&B CONSTRUCTION CLEANUP,INC.a California corporation
13 (hereinafter "Defendant"),answers the Complaint of Plaintiff THE PEOPLE OF THE STATE OF
14 CALIFORNIA,EX REL.J.CHRISTINE DIETRICK,CITY ATTORNEY OF THE CITY OF SAN
LUIS OBISPO;and THE CITY OF SAN LUIS OBISPO,a California municipal corporation,WELLS
16 FARGO PRACTICE FINANCE ("Plaintiff"),as follows:
1.Defendant does not have information or belief sufficient to admit or deny the
18 allegations,and on that basis denies the allegations of said paragraph.
2.Defendant does not have information or belief sufficient to admit or deny the
20 allegations,and on that basis denies the allegations of said paragraph.
3.Defendant does not have information or belief sufficient to admit or deny the
22 allegations,and on that basis denies the allegations of said paragraph.
4.Defendant admits.
5.Defendant admits.
6.Defendant admits.
7.Defendant admits.
8.Defendant does not have information or belief sufficient to admit or deny the
28 allegations,and on that basis denies the allegations of said paragraph.
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ANSWER TO VERIFIED COMPLAINTTA.A4 BR ABR
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9.Defendant does not have information or belief sufficient to admit or deny the
2 allegations,and on that basis denies the allegations of said paragraph.
10.Defendant admits.
11.Defendant admits.
12.Defendant admits.
13.Defendant admits.
14.Defendant does not have information or belief sufficient to admit or deny the
8 allegations,and on that basis denies the allegations of said paragraph.
15.Defendant admits.
16.Defendant does not have information or belief sufficient to admit or deny the
11 allegations,and on that basis denies the allegations of said paragraph.
17.Defendant does not have information or belief sufficient to admit or deny the
13 allegations,and on that basis denies the allegations of said paragraph.
18.Defendant does not have information or belief sufficient to admit or deny the
15 allegations,and on that basis denies the allegations of said paragraph.
19.Defendant does not have information or belief sufficient to admit or deny the
17 allegations,and on that basis denies the allegations of said paragraph.
20.Defendant does not have information or belief sufficient to admit or deny the
19 allegations,and on that basis denies the allegations of said paragraph.
21.Defendant does not have information or belief sufficient to admit or deny the
21 allegations,and on that basis denies the allegations of said paragraph.
22.Defendant does not have information or belief sufficient to admit or deny the
23 allegations,and on that basis denies the allegations of said paragraph.
23.Defendant does not have information or belief sufficient to admit or deny the
25 allegations,and on that basis denies the allegations of said paragraph.
24.Defendant does not have information or belief sufficient to admit or deny the
27 allegations,and on that basis denies the allegations of said paragraph.
25.Defendant does not have information or belief sufficient to admit or deny the
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ANSWER TO VERIFIED COMPLA NT
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Maw ADnnd
1 allegations,and on that basis denies the allegations of said paragraph.
26.Defendant does not have information or belief sufficient to admit or deny the
3 allegations,and on that basis denies the allegations of said paragraph.
27.Defendant does not have information or belief sufficient to admit or deny the
5 allegations,and on that basis denies the allegations of said paragraph.
28.Defendant does not have information or belief sufficient to admit or deny the
7 allegations,and on that basis denies the allegations of said paragraph.
29.Defendant does not have information or belief sufficient to admit or deny the
9 allegations,and on that basis denies the allegations of said paragraph.
30.Defendant does not have information or belief sufficient to admit or deny the
11 allegations,and on that basis denies the allegations of said paragraph.
31.Defendant does not have information or belief sufficient to admit or deny the
13 allegations,and on that basis denies the allegations of said paragraph.
32.Defendant does not have information or belief sufficient to admit or deny the
15 allegations,and on that basis denies the allegations of said paragraph.
33.Defendant does not have information or belief sufficient to admit or deny the
17 allegations,and on that basis denies the allegations of said paragraph.
34.Defendant does not have information or belief sufficient to admit or deny the
19 allegations,and on that basis denies the allegations of said paragraph.
35.Defendant does not have information or belief sufficient to admit or deny the
21 allegations,and on that basis denies the allegations of said paragraph.
36.Defendant hereby incorporates its responses to all previous paragraphs as set
forth herein.
37.Defendant does not have information or belief sufficient to admit or deny the
25 allegations,and on that basis denies the allegations of said paragraph.
38.Defendant does not have information or belief sufficient to admit or deny the
27 allegations,and on that basis denies the allegations of said paragraph.
39.Defendant does not have information or belief sufficient to admit or deny the
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ANSWER TO VERIFIED COMPLAINT~IP.AA DAL
1 allegations,and on that basis denies the allegations of said paragraph.
40.Defendant does not have information or belief sufficient to admit or deny the
3 allegations,and on that basis denies the allegations of said paragraph.
41.Defendant does not have information or belief sufficient to admit or deny the
5 allegations,and on that basis denies the allegations of said paragraph.
42.Defendant does not have information or belief sufficient to admit or deny the
7 allegations,and on that basis denies the allegations of said paragraph.
43.Defendant does not have information or belief sufficient to admit or deny the
9 allegations,and on that basis denies the allegations of said paragraph.
44.Defendant does not have information or belief sufficient to admit or deny the
11 allegations,and on that basis denies the allegations of said paragraph.
45.Defendant does not have information or belief sufficient to admit or deny the
13 allegations,and on that basis denies the allegations of said paragraph.
46.Defendant does not have information or belief sufficient to admit or deny the
15 allegations,and on that basis denies the allegations of said paragraph.
47.Defendant does not have information or belief sufficient to admit or deny the
17 allegations,and on that basis denies the allegations of said paragraph.
48.Defendant does not have information or belief sufficient to admit or deny the
19 allegations,and on that basis denies the allegations of said paragraph.
49.Defendant does not have information or belief sufficient to admit or deny the
21 allegations,and on that basis denies the allegations of said paragraph.
50.Defendant does not have information or belief sufficient to admit or deny the
23 allegations,and on that basis denies the allegations of said paragraph.
51.Defendant does not have information or belief sufficient to admit or deny the
25 allegations,and on that basis denies the allegations of said paragraph.
52.Defendant does not have information or belief sufficient to admit or deny the
27 allegations,and on that basis denies the allegations of said paragraph.
53.Defendant does not have information or belief sufficient to admit or deny the
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ANSWER TO VERIFIED COMPLAINT
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Paw IPs AA
1 allegations,and on that basis denies the allegations of said paragraph.
54.Defendant does not have information or belief sufficient to admit or deny the
3 allegations,and on that basis denies the allegations of said paragraph.
55.Defendant does not have information or belief sufficient to admit or deny the
5 allegations,and on that basis denies the allegations of said paragraph.
56.Defendant does not have information or belief sufficient to admit or deny the
7 allegations,and on that basis denies the allegations of said paragraph.
57.Defendant does not have information or belief sufficient to admit or deny the
9 allegations,and on that basis denies the allegations of said paragraph.
58.Defendant does not have information or belief sufficient to admit or deny the
11 allegations,and on that basis denies the allegations of said paragraph.
59.Defendant does not have information or belief sufficient to admit or deny the
13 allegations,and on that basis denies the allegations of said paragraph.
60.Defendant does not have information or belief sufficient to admit or deny the
15 allegations,and on that basis denies the allegations of said paragraph.
61.Defendant does not have information or belief sufficient to admit or deny the
17 allegations,and on that basis denies the allegations of said paragraph.
62.Defendant does not have information or belief sufficient to admit or deny the
19 allegations,and on that basis denies the allegations of said paragraph.
63.Defendant does not have information or belief sufficient to admit or deny the
21 allegations,and on that basis denies the allegations of said paragraph.
64.Defendant does not have information or belief sufficient to admit or deny the
23 allegations,and on that basis denies the allegations of said paragraph.
65.Defendant does not have information or belief sufficient to admit or deny the
25 allegations,and on that basis denies the allegations of said paragraph.
66.Defendant does not have information or belief sufficient to admit or deny the
27 allegations,and on that basis denies the allegations of said paragraph.
67.Defendant does not have information or belief sufficient to admit or deny the
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ANSWER TO VERIFIED COMPLAINT
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1 allegations,and on that basis denies the allegations of said paragraph.
68.Defendant hereby incorporates its responses to all previous paragraphs as set
forth herein.
69.Defendant does not have information or belief sufficient to admit or deny the
5 allegations,and on that basis denies the allegations of said paragraph.
70.Defendant does not have information or belief sufficient to admit or deny the
7 allegations,and on that basis denies the allegations of said paragraph.
71.Defendant does not have information or belief sufficient to admit or deny the
9 allegations,and on that basis denies the allegations of said paragraph.
72.Defendant does not have information or belief sufficient to admit or deny the
11 allegations,and on that basis denies the allegations of said paragraph.
73.Defendant does not have information or belief sufficient to admit or deny the
13 allegations,and on that basis denies the allegations of said paragraph.
74.Defendant does not have information or belief sufficient to admit or deny the
15 allegations,and on that basis denies the allegations of said paragraph.
75.Defendant does not have information or belief sufficient to admit or deny the
17 allegations,and on that basis denies the allegations of said paragraph.
76.Defendant hereby incorporates its responses to all previous paragraphs as set
19 forth herein.
77.Defendant does not have information or belief sufficient to admit or deny the
21 allegations,and on that basis denies the allegations of said paragraph.
78.Defendant does not have information or belief sufficient to admit or deny the
23 allegations,and on that basis denies the allegations of said paragraph.
79.Defendant does not have information or belief sufficient to admit or deny the
25 allegations,and on that basis denies the allegations of said paragraph.
80.Defendant does not have information or belief sufficient to admit or deny the
27 allegations,and on that basis denies the allegations of said paragraph.
81.Defendant does not have information or belief sufficient to admit or deny the
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AA BABARANARADAAA EA FAR AALRNTOONTANNANENE
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ANSWER TO VERIFIED COMPLAINTMaan
1 allegations,and on that basis denies the allegations of said paragraph.
82.Defendant does not have information or belief sufficient to admit or deny the
3 allegations,and on that basis denies the allegations of said paragraph.
83.Defendant does not have information or belief sufficient to admit or deny the
5 allegations,and on that basis denies the allegations of said paragraph.
84.Defendant does not have information or belief sufficient to admit or deny the
7 allegations,and on that basis denies the allegations of said paragraph.
85.Defendant does not have information or belief sufficient to admit or deny the
9 allegations,and on that basis denies the allegations of said paragraph.
86.Defendant does not have information or belief sufficient to admit or deny the
11 allegations,and on that basis denies the allegations of said paragraph.
87.Defendant does not have information or belief sufficient to admit or deny the
13 allegations,and on that basis denies the allegations of said paragraph.
88.Defendant does not have information or belief sufficient to admit or deny the
15 allegations,and on that basis denies the allegations of said paragraph.
89.Defendant does not have information or belief sufficient to admit or deny the
17 allegations,and on that basis denies the allegations of said paragraph.
90.Defendant does not have information or belief sufficient to admit or deny the
19 allegations,and on that basis denies the allegations of said paragraph.
91.Defendant does not have information or belief sufficient to admit or deny the
21 allegations,and on that basis denies the allegations of said paragraph.
92.Defendant does not have information or belief sufficient to admit or deny the
23 allegations,and on that basis denies the allegations of said paragraph.
93.Defendant does not have information or belief sufficient to admit or deny the
25 allegations,and on that basis denies the allegations of said paragraph.
94.Defendant does not have information or belief sufficient to admit or deny the
27 allegations,and on that basis denies the allegations of said paragraph.
95.Defendant does not have information or belief sufficient to admit or deny the
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ANSWER TO VERIFIED COMPLA NT
1 allegations,and on that basis denies the allegations of said paragraph.
96.Defendant does not have information or belief sufficient to admit or deny the
3 allegations,and on that basis denies the allegations of said paragraph.
97.Defendant does not have information or belief sufficient to admit or deny the
5 allegations,and on that basis denies the allegations of said paragraph.
98.Defendant does not have information or belief sufficient to admit or deny the
7 allegations,and on that basis denies the allegations of said paragraph.
99.Defendant does not have information or belief sufficient to admit or deny the
9 allegations,and on that basis denies the allegations of said paragraph.
100.Defendant does not have information or belief sufficient to admit or deny the
11 allegations,and on that basis denies the allegations of said paragraph.
101.Defendant does not have information or belief sufficient to admit or deny the
13 allegations,and on that basis denies the allegations of said paragraph.
102.Defendant does not have information or belief sufficient to admit or deny the
15 allegations,and on that basis denies the allegations of said paragraph.
103.Defendant hereby incorporates its responses to all previous paragraphs as set
17 forth herein.
104.Defendant does not have information or belief sufficient to admit or deny the
19 allegations,and on that basis denies the allegations of said paragraph.
105.Defendant does not have information or belief sufficient to admit or deny the
21 allegations,and on that basis denies the allegations of said paragraph.
106.Defendant does not have information or belief sufficient to admit or deny the
23 allegations,and on that basis denies the allegations of said paragraph.
107.Defendant does not have information or belief sufficient to admit or deny the
25 allegations,and on that basis denies the allegations of said paragraph.
108.Defendant does not have information or belief sufficient to admit or deny the
27 allegations,and on that basis denies the allegations of said paragraph.
109.Defendant does not have information or belief sufficient to admit or deny the
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ANSWER TO VERIFIED COMPLAINT.
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in.AAEA
1 allegations,and on that basis denies the allegations of said paragraph.
110.Defendant does not have information or belief sufficient to admit or deny the
3 allegations,and on that basis denies the allegations of said paragraph.
111.Defendant does not have information or belief sufficient to admit or deny the
5 allegations,and on that basis denies the allegations of said paragraph.
112.Defendant does not have information or belief sufficient to admit or deny the
7 allegations,and on that basis denies the allegations of said paragraph.
113.Defendant does not have information or belief sufficient to admit or deny the
9 allegations,and on that basis denies the allegations of said paragraph.
114.Defendant does not have information or belief sufficient to admit or deny the
11 allegations,and on that basis denies the allegations of said paragraph.
115.Defendant does not have information or belief sufficient to admit or deny the
13 allegations,and on that basis denies the allegations of said paragraph.
116.Defendant does not have information or belief sufficient to admit or deny the
15 allegations,and on that basis denies the allegations of said paragraph.
117.Defendant hereby incorporates its responses to all previous paragraphs as set
17 forth herein.
118.Defendant does not have information or belief sufficient to admit or deny the
19 allegations,and on that basis denies the allegations of said paragraph.
119.Defendant does not have information or belief sufficient to admit or deny the
21 allegations,and on that basis denies the allegations of said paragraph.
120.Defendant does not have information or belief sufficient to admit or deny the
23 allegations,and on that basis denies the allegations of said paragraph.
121.Defendant does not have information or belief sufficient to admit or deny the
25 allegations,and on that basis denies the allegations of said paragraph.
122.Defendant does not have information or belief sufficient to admit or deny the
27 allegations,and on that basis denies the allegations of said paragraph.
123.Defendant does not have information or belief sufficient to admit or deny the
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ANSWER TO VERIFIED COMPLA NTPianAd
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TANNA
1 allegations,and on that basis denies the allegations of said paragraph.
124.Defendant does not have information or belief sufficient to admit or deny the
3 allegations,and on that basis denies the allegations of said paragraph.
125.Defendant does not have information or belief sufficient to admit or deny the
5 allegations,and on that basis denies the allegations of said paragraph.
126.Defendant does not have information or belief sufficient to admit or deny the
7 allegations,and on that basis denies the allegations of said paragraph.
127.Defendant does not have information or belief sufficient to admit or deny the
9 allegations,and on that basis denies the allegations of said paragraph.
128.Defendant does not have information or belief sufficient to admit or deny the
11 allegations,and on that basis denies the allegations of said paragraph.
129.Defendant does not have information or belief sufficient to admit or deny the
13 allegations,and on that basis denies the allegations of said paragraph.
AFFIRMATIVE DEFENSES
FIRST AFFIRMATIVE DEFENSE
1.Defendant alleges that Plaintiff's Complaint,and each cause of action therein,
17 fails to state facts sufficient to constitute a cause of action as to this answering Defendant.
SECOND AFFIRMATIVE DEFENSE
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2.Plaintiffs Complaint and all causes of action included therein are barred by the
20 applicable statute of limitations.This affirmative defense is reserved and based upon discovery to be
conducted.
THIRD AFFIRMATIVE DEFENSE
3.Defendant alleges that the Complaint and each alleged cause of action therein,
24 is barred in whole or in part by the doctrine of laches.This affirmative defense is partly reserved and
25 based upon discovery to be conducted.
FOURTH AFFIRMATIVE DEFENSE
4.Plaintiff lacks standing to sue this answering Defendant.This affirmative
28 defense is partly reserved and based upon discovery to be conducted.
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ANSWER TO VERIFIED COMPLAINT
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TANNA
WHEREFORE,Defendant prays that Plaintifftake nothing by reason of its Complaint;
2 that Defendant recovers costs of suit incurred,including reasonable attorney's fees and costs,and for
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such other and further relief as the Court may deem proper.
4 Dated:February 4,2026
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TWIT CHELL AND RICE,LLP
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By
Vincent T.Martinez
Attorney for Defendant B&B ~
CONSTRUCTION CLEANUP,INC.
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ANSWER TO VERIFIED COMPLA NT
VERIFICATION
I,Michael F.Brunick,declare:
1.B&B CONSTRUCTION CLEANUP,INC.,for which I serve as President is
4 also a defendant in the above-referenced lawsuit.J have read the foregoing Answer to Verified
5 Complaint and know the contents thereof.The same is true of my own knowledge,except as to those
6 matters which are therein alleged on information and belief,and as to those matters,I believe it to be
true.
I declare under penalty of perjury under the laws of the State of California that the
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9 foregoing is true and correct.
10 Dated:February 4,2026
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Michael F.Brunick
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ANSWER TO VERIFIED COMPLA NT
PROOF OF SERVICE
2 STATE OF CALIFORNIA,COUNTY OF SAN LUIS OBISPO
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I am employed in the County of Santa Barbara,State of California.I am over the age of 18 and
not a party to the within action.My California business address is 215 North Lincoln Street,Santa
4 Maria,California 93458.
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On February 4,2026,I served the following document described as follows:DEFENDANT
B&B CONSTRUCTION CLEANUP,INC.'S ANSWER TO VERIFIED COMPLAINT by serving
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6 the parties in this action:
Matthew R.Silver
Msilver@CivicaLaw.com
Sean E.Morrissey
Smorrissev@CivicaLaw.com
CIVICA LAW GROUP,APC
4000 Barranca Parkway,Suite 250,PMB #782
Irvine,CA 92604
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()BY MAIL:By placing ()the original ()a true copy thereof enclosed in a sealed
envelope addressed as above in the U.S.Mail.I am "readily familiar"with this firm's practice of
collection and processing correspondence for mailing.Under that practice it would be deposited with
the U.S.Postal Service on that same day with postage thereon fully prepaid at Santa Maria,California
in the ordinary course of business.I am aware that on motion of the party served,service is presumed
invalid of postal cancellation date or postage meter date is more than one day after date of deposit for
mailing in affidavit.
)BY PERSONAL SERVICE:I delivered such envelope by hand to the above-named
person at
)BY FEDERAL EXPRESS:On,the envelope was picked up by Federal Express at 215
North Lincoln Street,Santa Maria,CA,for delivery on the next-business-day basis to the office of the
addressee.
()BY FACSIMILE TRANSMISSION:On I caused the above-named document to be
transmitted by facsimile transmission,to the office of the addressees at the facsimile number so indicated
above.The transmission was reported as complete and without error.A copy of the transmission report
properly issued by the transmitting facsimile machine is attached hereto.
(X)BY E-MAIL TRANSMISSION:On February 4,2026,I caused the above-named
document to be transmitted by e-mail from llimone@twitchellandrice.com to the e-mail addresses so
indicated above.
I declare under penalty of perjury under the laws of the State of California that the above is true
and correct.Executed on February 4,2026,at Santa Maria,California.
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