I'm just trying to understand is if the mosfet is taking time to charge the Cds is is actually in the linear region during that point of time?
The MOSFET is off and not conducting.
However, the fact that current is still flowing into the drain terminal (charging the capacitance), does mean energy is being transferred.
Where does it go?
When the transistor later turns on, that energy is burned by the transistor. This gives "hard" switching loss (i.e., when it turns on, the transistor has to discharge capacitances in the circuit).
If you had something else discharge the drain voltage down to zero, then turn on the transistor, there would be no energy loss. Well, unless the thing doing the discharge is lossy -- but the point is, it wouldn't be lost in the transistor itself!

An example of this would be a resonant load, like a class E amplifier: when you turn off the transistor, the inductive load causes the voltage to swing high, well above the supply voltage. It swings up too far, and then it swings back down too far as well. When the drain voltage swings all the way back down below GND, the MOSFET body diode turns on, clamping it. The transistor can then be turned on again, with zero switching loss. (The transistor can be turned on any time the drain voltage remains low. A class E converter for switching supply duty might be designed to have a 20% "dwell" time, so the timing can be quite relaxed. An RF amplifier, in class E, would simply be adjusted for best results; there's no time to really think about voltages and currents, from moment to moment, in an RF amplifier.)
Tim