morning really i think our brief covers everything that i would want to say and i really don't have anything to add to the breeze other than the fact that perhaps  two but for a court order something to be reassigned what does the court have to find i haven't really gone through i mean essentially essentially you're finding that this level we're not you know we don't know what's happened we're going to you know we don't know what information that that court may happen in essentially when i mean courts very rarely do that but when it does happen it a lot of times it happens because the court won't follow what the court of appeals the stain or that there are issues in you know or there's something manifestly in the record but you know what what did we have in this record that other then i mean you obviously don't agree with the summary judgment being granted but what in the record would indicate that this court that court would be biased well i believe that the record does demonstrate that the court has the predisposition to try to resolve this case outside of it going to a jury that the court the probable cause finding it would seem to me that there are certain if we there's obviously some facts that are in dispute but in terms of those that are not disputed mr watson have been drinking mr watson was out and what to wear you know in the early morning hours walking around it's undisputed that he had gotten in and he disputes whether he tried to get into the patrol vehicle but it's undisputed that he got wrong you know so why on those undisputed facts wouldn't there be probable cause to arrest mr watson when it turned out yes he wasn't he wasn't involved in that accident but in a probable cause determination we have to so and it's not disputed that he didn't fact identify him but the whole context of how he was identified there was no right but evidently the whole  such an officer told me that i should just go over there and identify whoever we put out there's no evidence as to how that was conducted anything along those lines or that it was in fact tainted i mean specifically that you didn't depose mr press so i think we have to take that as very very clear that that's what happened if he and i can go to the facts three sided but i do need to be suppressed the court advised the court that there may be some confusion in terms of the numerous people who were involved but it's very very clear that what we're doing here is what was presented to defend heal as an officer and how we had a response which presented to him the record is clear that he appeared in the west hollywood area it's facts and during this portion of the investigation there was a dispatch call from u c l a to the sheriff's department and parts of that are reflected in the record you can also see that deputy he'll that they may very well have the individual who was involved in the accident with mr pretz it is really clear in terms of the locations they're not very far apart it is clear t dispatcher asked the u c l a to spicher are you sure you know basically did not want to send an officer out to u c l a unless there was some reason to do so there's got to be some reasonable suspicion connecting this gentleman mr listen to well you see the dispatch tapes and you've seen the transcripts if you listen to him it's even clear but you can see the transcripts where the eighty valre transcript dispatcher calls the sheriff's department indicates that they have a gentleman who'd been involved in a right we don't know if you're here and get from officer here the officer moved there somewhere else the point is we've got a man here that appears to be involved in your accident that you're investigating of basically he went out to conduct the per the investigation any breeze so there's no question there's an idea of how it's an erroneous idea turns out later right it does your honor but i mean the point is when an officer has to act as the reasonable officer test that you  what was presented to the officer to raise a reason suspicion of the one to detain him probable cause to arrest he's got all these facts that are presented to him and he's got to act on now remember something else if you listen to the tape you can you can hear the slower voice you can hear that but all you have the transcript even the trick of tells you i don't know how i got you so i i don't i get that he didn't know he was talking to the deputy i think if someone she was for things that came out after the briefing was dying and i'll basically it's anything that you intend to rely on an oral argument so that the court will have a chance to pull a case read it be prepared copies for the court plus an additional copy for opposing counsel and you should do that before you leave the room today ok i have at least two copies in my bag and i can well be sure make extra copies so that our rules are complied with ok and it's that i think it was midnight when he was actually three am so that goes that's a page thirty for the record he was also disoriented and had an unsteady gait and that's it page ninety seven page three forty nine of the records so all of those things  r six forty seven and so i think it's just really one big red herring in that regard and maybe you saying that the trial court denied summary the other the other thing that must that we should forget about that is the following day after the accident mr watts the actual perpetrator of the hit and run accident  my normal practice to interfere with counsel's presentation i think what you need to do council is focus on your final point what is it what what do you want to leave with this core and what's what what's your strongest argument either scenario he would have been out of that rig out of that area well before the time of the accident and none of the people that were investigating inquired as to the time that he was in custody and you this person west would could be the same guy as i think we're pretty well aware of your song before this is all before the arrest i think we're pretty well aware of your arguments in your brief and we've got into quite a lot of the facts as well so