Judge: Joel R Wohlfeil, Case: 37-2020-00017926-CU-BT-CTL, Date: 2024-02-16 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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TENTATIVE RULINGS - February 14, 2024

02/16/2024  09:00:00 AM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited  Business Tort Motion Hearing (Civil) 37-2020-00017926-CU-BT-CTL HERNANDEZ VS SUNNOVA ENERGY CORP [IMAGED] CAUSAL DOCUMENT/DATE FILED: Ex

Parte Application - Other and Supporting Documents, 01/03/2024 The Application (ROA #s 167, 172, 174) of Defendant Sunnova Energy Corporation ('Defendant' or 'Sunnova') to amend the Judgment, is DENIED.

Defendant has filed a notice of appeal (ROA # 173) such that any action by this Court that seeks to amend or modify the judgment is stayed pending the appeal. The perfecting of an appeal stays proceedings in the trial court upon the judgment or order appealed from. Code Civ. Proc. 916(a) and Varian Medical Systems, Inc. v. Delfino (2005) 35 Cal. 4th 180, 189.

Even if the Court retained jurisdiction to entertain this Application, the result would be the same.

Defendants Sunnova and Infinity Energy, Inc. are both parties to the settlement agreement with Plaintiff SILVIA HERNANDEZ ('Plaintiff'). As a result, both were obligated and bound by the terms of the agreement, and both are proper parties to the judgment that resulted when they failed to honor those terms. The fact that the agreement obligated Infinity to pay the settlement amount on behalf of both Defendants does not change this fact. The failure of Infinity to pay this amount subjected both parties to a judgment against them.

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