judge forest decision entering default liability as to default judgment as to liability only but declining to consider the contemporaneously filed class or modification class or class certification motion and requests for class damages the court premises ruling on two equally faulty assertions one that the court had already entered default judgment which it had not and second that a classification motion at this juncture would somehow prejudice the defendants which again it would not have been entered was the certificate correct and that had been and how long after th now so what happened was your honor that i appeared for the hearing at which the default judgment motion and classification motion were to be discussed but the opposing counsel didn't show up there was no opposing counsel so far as never took the bench they had me wait for about fifteen minutes and when nobody else showed up the they cancelled the hearing so i was not heard from in the premise for that entire decision from judge far as was a confusion between the entry of that certification of default by the  and entry of default judgment months later and the fact that the two those are significantly different is clear from the case law just because a certificate of default is entered doesn't mean that judgment will be entered also in fact that action is what renders both cases that she cites in her opinion completely opposite we have the hosking vs new world mortgage case there are the court found the requests for damages too late but in that case as opposed to here an entry of default judgment had occurred months prior which was not the case in in our matter and then in the williams reeses goldman steinberg case that case actually supports our position here because there even though the court entered the full judgment and only set individual damages the court also determined that plaintiffs should have an opportunity for class discovery and only if they chose not to avail themselves of that right with the court enter the individual damages that they had discussed in their opinion is there any such thing as too l also evidence by an opinion entered by a judge or a cough back in two thousand and thirteen which is a very similar scenario to the one here which is the class had moved for a motion for entry of default judgment contemporaneously with a class certification motion and this was again after a certificate of default had been enter and judge rake off issued an opinion contemporaneously certifying the class for purposes of entry of default judgment and then entered default judgment as well the other basis for judge fars opinion which is equally mistaken is that they're somehow some prejudice to defendants here if class certification is considered at this point because maybe perhaps defendants made some rational choice that they were going to default because they thought this was an individual action but wouldn't have defaulted had they known this as a classic to ation but the facts completely belie that assertion you'd be headed for a class where you pleaded as a class action and the complaint exactly exactly your honor not only that but this is actually the third class certification motion that's been filed in this case one was filed along with a motion for preliminary approval of a settlement agreement a settlement agreement which defendants later breached that was never considered by the court and then there was another motion for placer vacation filed later on in litigation that also had not been rule upon so this is in fact the third one aside from which from the moment we filed our motion for default judgment with our motion for class or vacation in may there were weeks until a judge doris actually issued her opinion all of these papers were served upon an address in walnut california where defendants did accept service and they still didn't come forward to to try and defend against it so they knew that this was going to be a class issue ation they knew they were up against class  every court order that's telling them that they should seek counsel in this case they have failed to appear and if it's simply encountering uncivil that at this point time they should be rewarded for that disrespect to the court thank you thank you your honors your argument