the and the last part of the puzzle was damian marley.nd we wanted to have this jamaican feeling but with somebody who is a great lyricist and a thinking person and that would fit with all of this experimental music. damian is great at it fermenting with different sounds like "welcome to jamrock." here is a brilliant lyricists. tavis: what makes you know or believe that, you could throw stuff in a pot in college gumbo. how do you know it is going to work? >> the roots of all lot of these sounds, there has to be a common denominator. blues is often a common denominator. in asian music, it can sound similar to blues music. then the feeling of jamaican rhythms can also work with a blues feeling on top. i have done experiments in the past where i made a rhythmic track and then played blues on top of it. so i knew there was a rough semblance of possibilities that might work. as my old solicitor and used to say, when i got well check could not believe it. i said, are you sure kumbaya car? he would say you have reason for cautious celebration. [

>>> i'm damian trujillo live outside the apple iphone store. look at who the first person in line is if you can get through the crowd. it's steve wozniack. details are coming up. >>> and stealing candy from a theater. thieves can't break into the safe with a jackhammer, so they attack the concession stand instead. and it's all caught on tape. live picture of the bay bridge. iron your black turtleneck and jeans. it's steve jobs day. this is "today in the bay." >> tgif, everybody. good morning. i'm marla tellez in for laura garcia-cannon. >> good morning. i'm jon kelley. let's check in with christi loren about the forecast. >> well, good morning to you. a gorgeous clear start right at the coast yet again. and we have very little fog even in the inland valley. so we're looking really good across the bay area. today will be beautiful. temperatures in the 80s this weekend. we'll tell you when showers could arrive at your back door. you okay there? you need some water? >> choking jon up. this is a fender bender at park and mcarthur boulevard. one lan

. >>> i'm damian trujillo live at the apple store. who was the man responsible for this iconic sbool? you'll meet him next. >>> wouldn't be fall without, oh my goodness, this. a bay area tradition, right? and the weigh-in that nearly broke the scales. we came close to a world record today. >>> and of course not only pumpkins when it comes to fall, also plenty of wet weather. we have showers that have returned today. nearly .25 inches in the north bay and throughout santa rosa. showers continue here on our radar. ask me how i've never slept better. why not talk to one of the six million people who've switched to the most highly recommended bed in america. it's not a sealy, a simmons or a serta. ask me about my tempur-pedic, do you know there's a tempur-pedic for everybody? tempur-pedic beds now come in soft, firm and everything in between. ask me how i can finally sleep all night. to learn more or to find an authorized retailer near you visit tempurpedic.com. tempur-pedic, the most highly recommended bed in america. fiber one. almost t

. >> damian, with the new release, i guess it's time to get rid of my 1983 brick phone. is that what we're trying to tell you? >> the nokias aren't cutting it now. >> all right, man. thanks. >> oakland did not wait until the last minute. they replaced the form per police chief anthony batts immediately. last night oakland's mayor swore in the interim chief just two days after batts announced his resignation. jordan was interim chief before in 2009, just before batt sz was hired. >> tyke to check in for a weather forecast. >> well, it's a feel good friday. take a look at this view. we are not going to get another view like this for some time. we're expecting mostly cloudy conditions between 11:00 a.m. you can see the camera has a shake to it. we have a little bit of a breeze. the breeze will increase throughout the afternoon. but not strong enough to keep the blimp down when it comes to bob redell. nice visibility this morning. ten miles or better across the board. tomorrow morning we'll see the deep pockets of fog. count on a pretty strong round of fog tomorrow and that

en el valle delsilicio, damián trujillo, telemundo.

i'm damian trujillo. he's a living legend, we're celebrating my keen sinara. it is your comunidad dell ville. with the mercury news, i was probably ten or 12-year-old back in greenfield, california, and i'm watching tv, the nba on tv. the lakers against celtics. a 10 and 12-year-old that i would flip the channel to because they were talking about latino issues. the show was called comunidad del ville. it intrigued me because i had never seen a show hosted by latinos. i go back to the nba and i'd flip it back to channel 11 because i was intrigued. this is -- when i was doing the farm work i wanted to be a tractor driver, not a journalist. but here i am. you've been so gracious enough to allow me into your homes every sunday for a half hour. i'm so appreciative. we're celebrating queen sinara. but here a look back at those 15 years. buenos dias. we have a surprise for you this morning. for 15 years you've allowed me into your homes every sunday on your comunidad del ville. fortunate to be joined in a decade and a half by grassroots community leaders, celebrities

i'm damian trujillo. back to you. >> thanks for the update. >>> a deadly officer-involved shooting was caught on tape. the police department won't comment about what exactly the video shows other than saying a camera worn on the chest of an officer videotaped the shooting. it happened last weekend after two officers pulled over a car with two people inside. the suspects had guns and drugs and then they took off. after one of them was caught, he was shot during a struggle with police. city of oakland has 350 wearable cameras, attached to the chests of their officers. >>> a manhunt continues in san leandro this morning. investigators are searching for the men who opened fire at a weekend party, killing three people and injuring three more. nbc bay area's christie smith joins us with the latest on the search and what we know about the victims. what's happening out there? >> reporter: i just got off the phone with a friend of one of the victims. she tells me she was a youth mentor in the east bay for several

we're in gilroy, i'm damian trutru trujillo. >> damian, thank you. >>> a young woman claims she was rapedat a house party thrown by baseball players. jeff rosen reviewed the case and is updating the public on what he found. nbc bay area's live. marianne, what did we find out? >> we just finished a press conference moments ago. jeffrey rosen has made a decision not to file criminal charges against the defendants in the rape case. the alleged rape happened on march 3rd, 2007. a young girl named jessica was allegedly raped at south buena vista street. they're very difficult to prove, according to jeffrey rosen, santa clara county district attorney. he says especially those involving alcohol. and he said that it just didn't meet the burden of proof. these are some of the issues that he had to answer these questions. was there a crime? he said they didn't know for certain. who committed the crime? they said they couldn't prove that for certain. and they couldn't basically prove beyond a reasonable doubt that these defendants were guilty. the burden was just too difficult. in this case, those c

for now live, damian trujillo, nbc bay area news. >> thank you. continuing to follow the two breaking news stories this afternoon. death of apple co-founder steve jobs, 56-year-old. apple confirming to nbc bay area late this afternoon. we'll continue our coverage of jobs' life and legacy ahead. >> as we showed you the manhunt still under way for a gunman in south bay. looking at live chopper pictures of the search around the area of wolf and homestead, which is the last known area where shareef tadeans foiliniod atrmnan on both of the stories in a moment. . oh, i'll borrow hailey's. you're downloading movies. fast! from here? where is her cord?! we switched to at&t high speed internet and got wireless access. no more cords. wireless, okay, honestly, can i just get a cord, please? dad, the cord's invisible. [ female announcer ] call at&t today to get high speed internet for just $14.95 a month for 12 months with a 1-year price guarantee. it's the fastest internet for the price. oooh. videos online? here? how much is that? nothing. at&t high speed i

damian trujillo, thank you. the shooting happened at the lehigh ghpermanente plant. cement is miade there where limestone is mined. 70% of the and 50% of the cement used in the bay area. we'll have more line and we'll break into programming right here and on our nonstop channel, comcast 186 as this situation warrants. >>> switching gears and returning to our other big story, your weather. parts of the bay area saw heavy rain overnight. wet weather not just done yet. we want to check in with meteorologist christina loren, certainly watching the skies for us. >> oh, yes. it keeps getting cloudier and cloudier. thunderstorms rolling in, as we speak, along the peninsula. more of this very active weather on the way as we head through the second half of your day. we have another ban to get through before all is said and done. we're actually seeing the center of low pressure starting to drop into the bay as well. we have a lot of instability, very unstable air masses. we are expecting scattered thunderstorms later on this afternoon. of course, jeff ranieri will be tracking

damian? >> well, marla, this is how taggers have been treating the homp son creek bridge, like their own personal canvas, but neighbors say they're ready to roll up their sleeves. the problem is growing in san jo jose. graffiti is up 38% in the city over the last year. >> it's an eyesore. >> the budget forced the stet to outsource its anti-graffiti program to a private company, but with the problem spiraling out of control, leaders now want to deputyize more citizens. >> we certainly you know, really want their effort to protect their own neighborhoods, take care of their neighborhoods to sort of adopt their neighborhoods and steets plainses where graffiti ends up. the best way we will control graffiti is to remove it immediately. >> council woman rose herrera will hold a volunteer training session in a couple of weeks for people who want to clean up their neighborhoods and carlos rosas says sign him up. >> i think more people need to do that because actually, you know, stop complaining why t

and they made me feel gross and i didn't feel safe at school so i just left. >> damian, if -- i know. did teachers do something about that? >> yeah. they were more -- they would take care of it faster than they would have if someone called me gay or faggot. >> so if someone uses a racial slur, teachers respond, you're say something. >> yeah, right away. >> but if someone calls you the "f" world what would they say? >> they would shrug it off and tell me what brittany said. >> as a parent, anderson, i am stuing with rage. i just feel so angry and so upset for the four of you and your class experience and it seems to me that this is all back warz pin stead of taking it up with the kids that are tormenting daily and using the abusive language and being abusive to the students, this young man can't even go to school anymore. he shouldn't be the one having to stay home. the bullies and the aggressors should be the ones to made to stay home or be expelled. i want you to know that people do care about you. i care about you and i really feel touched for your experience. really. >> jane, you

kyle, damian, brittany and dylan. and joining us is jane lynch and sunny hostin from tru tv. you told me about an incident in a bathroom. what happened? >> i had to use the bathroom and i walk in the door and these people were watching me. they were just staring at me. i go into the stall and i hear laughing. i hear laughter. and i look up and i have something dripping down my head and someone was peeing on me. >> how often do you get bullied or pushed around? >> almost every day. >> almost every day? >> yes. >> damian, you are straight but your two dads are gay and you are on a gymnastic team that people make fun of you for. what do people say to you? >> gay, faggot, gay boy. >> brittany? >> they call dike. [ bleep ]. faggot. and words i'm a shamed to say to this day. >> if you go to a counselor in your school, brittany, what do they tell you? what do they say to you? >> they tell me not to use that language. that's not appropriate. and -- >> but you're not the one using the language? >> yeah. i explained to them what they would say and how they said it but they would tell m

damian is here with us, thanks for being with us. >> before anything else, i want to thank everybodying, because i know that you have many things to do. and i appreciate now, the governor signed that powerful law, it's the most powerful anti-immigrant law, as raul mentioned, i want to go to college. >> where were you born? >> i was born in utah. >> so you're american. >> yes. >> you could be president of the united states. >> i could be. [applause] ' >> as you know, i live scared all the time, because me: "can i look at your papers?", or "can i check your immigration status?" then my dream will not be fulfilled. as you know, my parents are illegal, they're not from this country, i don't think that is fair, it has been very for me, i had to cross a desert just to be able to studies. that has happened to many of my friends, for me to be able to go racist law, that opportunity will be removed or taken away from me? law hb-56 was passed in alabama? walking down the street--- >> yes, a friend and i were walking back home from : "mexicanos!", and they threw a bottle at us. it didn't hit me

damian has more details about the gunman and what may have led up to the shooting. >> there were signs over the weekend that something terrible was about to happen. tonight, the associated press reported he showed off a new ak 47 to a friend in sacramento. that friend believed he was joking when he told him there were racist people at work that were messing with him. we have heard different stories related to a questionable work ethic and allegations he thought he was discriminated against. he was put on the night shift because of his performance at work. they believe that angered him who apparently thought co-workers were out to get him. the company told me today it cannot talk about his work history or performance and a spokesman declined to speculate about the motive. still, other friends tell us he felt targeted by co-workers because he was black. he was the only african-american on that shift. they deny race had anything to do with the shootings. >> caller: we totally disagree with any infrance there was racial activity or discrimination on behalf of the company. we are very, very

the next month, damian flores got his chance.survived, too. after three attempts on her life, she filed for divorce. suddenly, and inexplicably, changed her mind. she says she's willing to testify and is now standing by her man. >> she knows this man better than anyone. if he wanted to have her killed, it would have happened. >> reporter: and after damian flores stands trial, the mistress and husband are up next. for "good morning america," ryan owens, abc news, dallas. >>> the big name if retailing getting back into the black friday frenzy. all macy's stores will open at midnight. they've remain open until 11:00 p.m. >>> and here's diane sawyer with a preview of tonight's "world news." >> tonight, tourists spend a lot of money when they come to the u.s. you have to see some of the bureaucracy stopping tourists from coming here and helping create jobs right here in america. and we'll investigate tonight on "world news." >>> and that's a look at the headlines. all. >> all right, how about a little pop news halloween style. here we

damian trujillo is in live with the woz to find out.hat's interesting is not the threat, but how aggressively the school and police are happened ling the situation. if the prank, i would hate to be the person responsible. plus a beautiful day this morning and all day long. great day to play hooky or head to the beach. our bob redell, kites aren't good enough for him. he's flying a blimp this morning. we're going to catch up with him in just a bit. scott? >> i'm never sure if i have the coolest job or bob. >> bob wins. >> blue angels for him and woz for me. >> you get the nice elements of the studio. >> and somebody brings me coffee. >> that's true. >> so there is that. mike, i was picking the kids up from school. my temperature gauge said a billion degrees. tfts a billion. a lot of people headed to the beach this weekend. >> that's why we're not the meteorologists, scott. but the 17 will be very crowded. also 92. let me take you along the peninsula for a new accident. the person who reported this says it's dangerous as they're passing b

i'm damian trujillo, nbc bay area news. >> damian, thank you. >>> lives, money, and politics. this has been a difficult chapter in american history. the u.s. soldiers have been on the ground in iraq since the invasion back in march of 2003. here is a timeline for you. saddam hussein's regime collapsed the following month, but the war continued. photos of humiliated prisoners at the abu ghraib prison tarnished the effort. saddam hussein was executed after he was tried by an iraqi tribunal. january of 2007 saw the surge as president bush bolstered troop strength by 20,000. now at one point, there were 170,000 american troops in iraq. in may of this year, the last british forces left iraq, setting the stage for the united states' withdrawal. >>> just days after the 9/11 terror attacks, only one member of congress voted to limit the president's use of force. and that was congresswoman barbara lee of oakland. she brushes aside concerns that pulling soldiers out of the region will increase instability there. we chatted with her today. >> there is volatility in the region. but we als

today, that artist sat down exclusively with our damian trujillo in an interview that you'll only see on nbc bay area news. >> like every other genius, the garage is where he does his heavy lifting. >> three or four different sketches given to the client. >> there's one he designed in 1974 as a junior graphic designer for a powerful marketing firm called regis mckenna. she remembers steve jobs walking into the conferences room. >> steve jobs, torn levies, long hair, wanting to see if this established agency would take his account. >> they shook hands and this is what carlos developed. >> this is the original artwork that was done. >> the apple, still on the original tissue. this is what he gave the printers. >> i was asked to create the -- not only the tissues that i would then render the final artwork from. and then that final artwork became master artwork that would be use in the campaign. >> he gave to apple, and apple gave back. graphic designers don't use tissues anymore, they use computers,m computers, macs. >> steve jobs, his vision, made our jobs a lot easier. everything now i

here's damian trujillo. >> emergency services, what are you reporting? >> i have to report a shooting. >> the next few minutes were chilling between the wounded men at the kwary and the 911 dispatchers. >> there is eight of us and three are dying, just laying there. >> another caller described the weapons. >> he got like a rifle and a hand gun. people are dying right now. >> okay, sir, can you get to any of the people. >> there is one right here. he is wounded. >> five calls were made to 911 the morning of october 5th. they began coming in at 4:27 a.m. >> having a safety meeting and one guy went postal and pulled out an ak-47. >> this caller began to get frustrated. >> do you guys have any towels or cloth? >> no. i mean there is blood all over. no cloth is going to stop what's going on right here. have you seen a massacre? that's what it looks like. >> the frustration escalated when he didn't see an ambulance. >> these people are dieing and yelling. what do you do? >> sir, i understand that you guys have been through something very severe. i totally unde

nbc bay area's damian trujillo is live at police headquarters where layoffs and cut-backs are only addingo the department. >> reporter: every time an officer is involved in a shooting, he or she is put on administrative leave and that could be for days at a time. and that means fewer cops for an already-taxed force. the shooting on worcester avenue left one man dead and the three officers involved in the shooting out of uniform. >> any time we have officers out of service it's a strain for the department in general, but specifically for the patrol division. >> reporter: in the sixth officer-involved shooting this year the department placed 11 officers on administrative leave. that's 11 fewer officers patrolling the increasingly violent streets of san jose during shooting investigation. >> that's not good. it's not good for silicon  valley. that's no good. >> reporter: anthony white says he's locking doors and windows at all hours, knowing the potential for violence is increasing. >> i knew they couldn't be everywhere all the time. but it's even worse that the criminals know that they ca

my partner was damian against jim hanley and his partner.won the tournament. there's our general manager jackie bradford with one of the kids there. it's great to get the kids active and involved. they really do a good job getting involved. tom sherwood with the bright green shirt on. and kwame brown was there. the tennis ball was out there. so many people. they even gave out some trophies. how about this guy. >> whoa! >> this is serious. pretty serious stuff. do you see this? >> i like that, finalist. >> yeah. true it only says finalist because i was a finalist and not the winner. jim hanley has the championship trophy. and i think on monday he said he's bringing his trophy in. >> good. bragging rights. >> thank you so much for letting nbc 4 be part of that event. cora master, founder of the heart to heart challenge. she does a great job with it. it benefits the kids in southeast. wonderful. >> well, good. good for you. >> it's an indoor center. >> indeed. and the rain too and the wind. now it's all gone. it's back to autumn. i'm tom kierei

. >> reporter: damian started the silver platter a few months ago. and right now, his crew is getting ready to take part in the gathering take 4. a rallying tonight that will bring nearly 40 food trucks together. >> reporter: the last rally was expected to draw a few hundred people. instead, thousands showed up. >> raulall of a sudden, swarms of people. from -- i mean, it was like stink bugs out there. >> reporter: irvin says crowds are something new. and he's just hoping to kill their appetite. >>> well, the food truck rally. it's tonight in fell's point, until 10:00. plenty of time to get down there. perfect night. >> great weather to be out there. >> can smell those burgers, coming right off the jones falls. [ laughter ] >> i wish one of those trucks -- >> and the lobster rolls. that sounds great. i haven't had one of those in years. >>> beautiful night to get out there. pleasant night. light wrap. 67 now. east winds at 7, which means all of that flavor is heading across town. toward maybe catonsville, woodlawn area. barometer on the way back up.

damian posts, well, i'll keep the light burned out for a while so i can act like i don't see the laundry or the dishes. matthew writes d, women. >> and mia writes, d, the kids. keep the guesses and jokes coming on our facebook page. we'll have the answer at 6:49. >>> welcome back. 6:23. your weather first. we're looking at some rain out there. most of the rain is of the lighter variety. however, there's some heavier showers to the extreme northeastern maryland pulling in toward delaware. we'll watch the showers all day, especially through the morning hours. looks like we'll have more this morning than this afternoon. high temperatures in the mid- 60s. by 6:00 we're at 60 turning colder tonight. >> thanks, howard. >>> in sports they'll try again tonight to play game six of the world series. the texas rangers could clinch their first title with a victory. >> that's in their franchise history. rainy weather washed out the game last night. the call was made in the afternoon before the rain really starting coming down. both teams were able to get batting practice in. the last world series rai

. >> damian, thank you. >>> police have a suspect in custody in connection with with the triple murder at an east bay tattoo party earlier this month, but they're still looking for another person, 20-year-old paul stevenson iii was arrested in east oakland this morning. he's suspected of killing three people and attempting to kill four others. >> based on our investigation, stevenson was identified as one of the two shooting suspects responsible for the deaths and the shooting of three others after a party that occurred. >> police aren't giving mup of a description of the other suspect. henderson faces three murder counts and four faemted murder counts. >>> approximate many remember it like it was yesterday. the sky was filled with smoke. visible if from all over the bay area. it was one of the worst natural disaster in united states history. it happened 20 years ago today. the fire that ripped through oakland and the berkeley hills. the firestorm torched home at a rate of 1 every 11 seconds. 25 people lost their lives including an oakland fire chief and a police officer. nearly 3500 h

we're live in san jose, damian trujillo, nbc bay area news. >> a shocking story for so many people. continuing coverage now of the shooting spree and the manhunt just ahead. >> reporter: i'm chris sanchez from san jose. i'll show you the other side of this alleged killer, a man who was compassionate and an advocate against violence, his friends say. >> also coming, a new warning for students at bay area universities. why they are being urged to check their medical history. >> and good evening. i'm chief meteorologist jeff ranieri. record-setting rain. urnds that top 50 miles per ho. temperatures that are still about 20 degrees on average and in our interior iosectns, we'll talkse aboutng lgering showers d still tracking rain on thest radar. >>> the manhunt for shareef allmlan continues at this hour. known as an alleged killer and disgruntled employee, but his background is seemingly much different. >> before this morning many people knew him as a happy man, a social activists who championed causes on tv, online and written a book about stopping violence against women. nbc bay area's

>> defintivamente, hay una niÑa de 16 aÑos que usÓ a raÚl vÁzquez damián y a carlos moreno pÉrez, dos la dignidad. >> tan solo en dos de este libro, mariel la valiente sobreviviente fue acusada siendoÍctima querían convertirla en iniciada poque los criminales la tuvieron como novia porque la vendÍan, porque tenÍan relaciones con ella y a veces, la misma autoridad no comprende esta situaciÓn. >> diputada rosi rosco, orosco. muchas gracias por esta aclaraciÓn. >> muchas gracias, muy amable. >> invitamos a que por supuesto visite noticias univisiÓn. com >> lo puede hacer desde su computadora o desde su telÉfono mÓvil. >> tenemos muchÍsimo mÁs aquÍ en despierta amÉrica y pasamos con chiqui y ana patricia. >> gracias, muchachos. hay que habr del domingo en mira quiÉn baila. puro artÍculo para damas. >> puro galÁn. >> william levy, antonio banderas y fernando conga que estuvo cual con las manos sueltas. >> quÉ bÁrbaro! >> este galanazo de telenovelas hablÓ de todo pero lo podrÍamo estar muy pronto bailando. >> dijo que bailaba pero con muy poca ropa. >> quieren ver lo que me dijo? >> sÍ. >>

>> pedro damiÁn fue el productor. >> vemos las fotografÍas. >> ese es mi perrito chiquito.s de teatro, 4 discos, estuvo en mujeres asesinas y participÓ en varios realitys. tiene una niÑa de dos aÑos y no le gusta hablar mucho de su vida privada dice que tiene una vida estable y bonita pero detesta todo esto de los paparazzi. >> yo defiendo mucho a la carrera como tal y no quiero que se fijen o sea... yo creo que empezando por uno se fija mÁs la gente por lo que haces y por las ganas que le echas y el poder adentrarse en las personas de las cosas que realizamos. y no soy partidaria del escÁndalo ni del amarillismo ni nada. >> te puede quitar credebilidad de un personaje? >> es el fastidio. >> hay cosas mÁs importantes quÉ cdier y qué expresar y quÉ hacer sentir a la gente. >> ojalÁ todos lo entendieran asÍ. >> pero esto tiene mucho que ver con ciertos personajes o artistas que venden su vida. >> es lo Único que pueden hacer. >> tien que tener trabajo todos. >> al actor que de verdad va y respa su profesiÓn no le gusta que se metan en su vida. >> endo o tan joven tienes una t

downstairs, we just saw the statute of father damian, a catholic priest in the hawaiian islands that knew going to the island where the lepers were, where they had no basic life, that eventually he would get leprosy and he would die from it . but he knew he had a calling that god called him -- calling, that god cale called him to minister -- called him to minister to those lepers so they could have a life, a society, a place to worship, a priest to come to for ministering and consolation, direction. so it is entirely appropriate that despite the existence of the aclu wanting to tear down so much of what the founders did and the great things that are emblazoned in the soul of this country, the statue, the plaque starts with john 15: 13. greater love hath no one than this, that a man lay down his life for his friends. basically abraham lincoln did that. but there was not full equality in this country, that was clear. bobby rush can talk about that authorizetatively, i really can't. he can talk about it authorizetatively and along came an ordained christian minister named martin luther

you were getting data or the copy of a circular from francis that said and let me quote that again damian plans to offer options short of default and what she was basically saying is we don't think they are modifying the sloan or we are doing something that would create the necessity to consult with you all, isn't that correct? that was the purpose of these e-mails and conversations. we don't believe that we are making that change that puts the compromises the taxpayer position is that correct? >> as i recall that is what they were saying. yet they are sending this on february 11th but the memo that we had the fight about today are dated january 19th, and as i pointed out in my comments earlier, the first line of the third paragraph and i know you don't know anything about this but i will point it out to you redefault related to a financial requirement has occurred under the loan guarantee agreement ended a relationship to solyndra is there any way in your mind frances licht of no legal opinion was already rendered that said that there had been in fact a default but now we are going to tr