lending act for the defendants to failure to send periodic statements regarding her home equity along with them and on appeal we've limited that claim to those statements that should have been sent but were not in the year prior to the filing of her complaint because executed the modification on her st loan culminating in their surprise appearance and foreclosure five years after their last communication with meth taylor and our position clear that periodic statements can be stopped on the for a court action or adjudicatory proceeding and there's at no argument and defendants have not made one that a nontraditional foreclosure under california law is a court action or instituting a debt collector so it's sort of negative said the author of the st that do you what is your position as to whether or not i think i know the answer this but what is your position as to whether or not that sentence is sort of the whole universe of things that believe if our the whole universe your honor that would have been the only sentence and their definition needed if it encompassed anything except those two but this court has required that we read all parts as definitions and the st sentence makes clear that i believe it's clarifying and that it's a common situation faced by lenders and sell probably they did not mean to include it but i think that have it there just as one example but that's sort of odd let me ask you this i guess this is kind of going to the same thing why isn't it a better reading if you just read the st one is saying here are some things that are and the nd one is saying here something or some things that aren't and then but not but neither sentences covering the entire universe and so and white white why isn't that a better way to read it and get to the next well i will it's not a better way because then it actually reads the what we would know is for things that aren't those four things whether or not they are we'd have to figure out our own but it would make a purposeless riata i think if that i agree with that at the i think that that it's fairly billing statement after portfolio well after the after foreclosures complete that there we would argue that it's not it's not required up to that point after after that that's what the c of p b s definition requires so it's not it's up to them to decide whether an nontraditional foreclosure should be included in the language the protection collection proceedings and   characterize the see if the comments as providing examples and not not necessarily a definition because i don't believe if this is intended as not you know certainly further elucidation of these comments would be helpful at this moment however that was not soft or obtains and i think the it's also important to look   i think some of the expression that's happened this morning i think demonstrates really that there is no rational basis for treating nontraditional foreclosures and you distill foreclosures differently  the purpose of this regulation to provide information about the ongoing status of the loan would be should be treated the same for judicial and nontraditional for closure a judicial foreclosure complaint is not required to include all of the data that the regulation requires that it's not required to outlying you know the amount of credit remaining it and the a p r applied and of those particular data points from the seller regulation so if a judicial per closure is not providing that information that we put in a periodic statement just as a knowledge of us will for closure is not providing that information characterize the nontraditional foreclosure notices as merely a letter there is a series of procedures that have to be followed involving posting on the front door posting in a public place publication newspaper numerous mailing so i think it's it i wouldn't agree that it's you know simply sending a letter and then for closure happens in this case that pretty free notices of sale published posted to the door before there was actually a sale how old was she still living in house i don't recall from the record whether she was in the house at the time but i do know there has not been any allegation that the necessary non judicial foreclosure steps were not followed or that there was any error in that process that process has been crafted by the legislature to provide necessary notice and it has been found to be sufficient by numerous corp's and the cost well small it is it is less expensive and more efficient for the lenders however it has been found by the legislature and by courts to be sufficient to provide sufficient notice to apprise the borrower of the verity of the action and that there need to step forward here the borrower received the notice of default in august th team it was about two and a half years before the property went to sale there were three no this is a sale issued and published in that time and at no point did she step forward requesting information about the questions that she had about the interest rate in the a p r and information that would have been in a periodic statements which she making payments no your honor she was not making payments she  the i don't remember if it was pasco credit but who ended up owning the home or after the whole foreclosure but do they take the home subject to the st mortgage is that how that works yes that's correct so they know that they got the home for a up to this point which were guided by the existing state of law and the existing state of the commentary so i do believe it would be somewhat prejudicial to have additional commentary that we don't have the property subject to the modified loan of wells fargo because this highlights her other claim which is the unfair competition law claim which covers the conduct of the fact that they had no excuse for stopping communications and that they stayed stayed silent and allowed her to make these payments under eight less modification to his additional money and they benefited from that so i would want i think this unfair competition claim we get that in your opening argument but if you do stay in in her complaint is says that her unfair competition claims are tethered to is pretty strong language as are tethered to these two lawyers and one is one tyla claiming the other's the breach of contract claim so seems like i understand a breach of contract i mean unfair competition claims can be and can be unlawful or they can be unfair but by tying it with strong language saying tether to seem court looks to the factual allegation to determine the substance of the claim not the labels giving in the complaining and the factual allegations here would plainly support an allegation of unfair conduct and is been decided at the motion to dismiss status an early stage of the complaint is a purely legal question and this issue has been fully briefed in this court so it's entirely appropriate for this court to consider whether her complaint can go forward and the the complaint doesn't contain doesn't have any allegation about those the allegation is that franklin was a participant in the camp program and had obligations to to modify