run a complaint seeks and what relief can be granted we can look to the complaint on the whole you know groups we cite should be albert which states it is fundamental th now this concept of surprise is consistent with the purpose requirements obligations of section six zero four and world one of the purpose and obligations of section six zero fo to fourteen or one petition and that it is required to make a showing of diligence by my review the focus on the conduct of the defendant loses sight of the to pose a choice to the defendant it offers no direction as to what the nature of the claim is it essentially consists of three paragraphs the first paragraph three decades that wells fargo builds an interest in the property of the estate that statement finally with respect to additionally address my opponent's argument about the imposition of a requirement of diligence  they were made aware of the default judgment at the time that they knew to reinstate the foreclosure action wasn't until four months after the big move to i lost it was a result of an excuse for mistake and the plaintiff acted reasonably under the circumstances that was not negligent we feel that they have failed to show that there was an excusable mistake in this case as to why they did not bring their two fourteen one petition and within two here they haven't alleged any any mistakes or anything other than try to explain why they sat for four years before bringing this a that did not receive the real property in the divorce the real property was received by greg he would ring the benefit of that real property since two thousand and twelve trees that had never received notice from  advising her that there was a mortgage that existed advising her of this payment advising her anything that would be doing hoing at that time she had no reason to believe that this mortgage still existed and acted accordingly as did the great woman camp so there would is the point in the thrust of our argument the conduct of the defendant does not trigger until six zero and one all five are satisfied we don't look to the action or inaction of the defendant until such time as the defendant is provided the specific notice the precise charge laid at his door obligation imposed by section six  few thoughts with respect to arguments about prejudice  girlfriend testified that they had experience with convenience stores gas stations that they were familiar with spills and and the operation of stores and mr they could himself testify that the skill in question itself was two to three feet and  there's a record there is not the clearest record of what happened why there with respect to the videotapes that were or were not produced it was casey's position all along that all videotape had been produced to the pla defense counsel for dressing the fabrication divide mr lincoln made about his job offer on the grounds of the if she was compatible i would submit to the court that mr lincoln step or patient his wife was not a collateral issue better and you can see that within the record in this case and with matt and the post conviction sharing act in the supreme court has to be a standard here very low it's a mostly under the first stage and it does the first stage  counsel clearly knew about the case we know this because counsel's wanted to state and make sure it was on the record that he had discussed possible defense is worth defending the show that he was familiar with the defendant in the circumstances of this case he was present during proceedings this defendant ever quest for indicate or suggest that he wants to file a motion to withdraw his guilty plea he could it would be really easy for him to say in his p conviction petition i want to file i want to withdraw i want to start over he didn't he only said but he wanted a shorter sentence of course anybody serious in this wants a shorter sentence there was no skin in the game for him to file a motion to