place the court this is the case about one common procedural history and generally intentional misconduct given the shortage of time i'm i would like to discuss the intentional misconduct  these motions and not to go anywhere earlier than there's a motion to dismiss and then as i recall i think it's a separate motion there was a motion that the actual settlement agreement answer and says i'm very to the defendant to withdraw answer and fire a motion to dismiss she takes a look at the motion to dismiss and says i'm dismissing this with prejudice at the hearing i look at it i say i would like to be important to you is the issue of intentional misconduct defense counsel or did that there's no such resurrection better answers to that one is if you're taking issue with the caption of  i'm buying a change at the end of a negligence if you're saying that there is now as a reaction for intentional misconduct the illegal argument is different counsel did not make this argument but i would expect is that if i have to plead and prove something different than negligence which is where that case goes on to say i have to lead and prove a heightened state of mind that frankly is a different price of action cross over in certain areas but that doesn't mean that it's a needed royd they can people but that means that it doesn't have to be a drug can be if there is a duty of reasonable care and if you breach that duty duty is he has no duty to act and he chooses to come in and do it then he has a duty to act reasonably the classic case is the what is it it's said it's a great company case where they say you have no duty to warn but if you do to stick to the right somebody you've got your unreasonable so in that sense that's really that's where his duty comes from that's right he had to do it and that's what makes it different than just point before and i think it is it's intentional misconduct and you don't have to have either or if you go back and you look at negligence intentional misconduct and fraud they are common elements they a by some procedural history but that's really got nothing to do with this case the only question is whether there's a cause of action say he's trying to turn a sincere way have betrayed a source a staff issue that's really nowhere near close to no toward the i think that's really what it boils down to there are some circumstances special circumstances where there could be a journey but he hasn't let any of those and there's also a question  a very typical commercial case you work for a corporation by providing services or by providing some product you don't get playing you're not happy you can't co opt the suit the president of the company are not paid it just doesn't work that's the difference does he have a duty he says he doesn't have a duty he's the president of the corporation he could say nothing but when he stared at the top he was finally i was i think you said it when you said but the law is is there a cries of direction in there in a sale read should it be should it be dismissed if you if he does not agree with the right pleaded even though it's in there the law says no you can't dismiss it and as i said in the bassinets first step for sure i think that is an issue for you to decide