Judge: Joseph R. Porras, Case: VC065473, Date: 2023-07-21 Tentative Ruling

Case Number: VC065473    Hearing Date: August 4, 2023    Dept: SEG

WNG CONSTRUCTION JV, INC. v. AAA SOLAR ELECTRIC, INC.

CASE NO.:  VC065473

HEARING:  07/21/23

      I.          Plaintiff/Cross-Defendant WNG CONSTRUCTION JV, INC.’s Motion for Interim Pre-judgment Attorney Fees is under submission. This matter was taken under submission on Friday, July 21, 2023. The Court will issue an Order after Friday, August 4, 2023.

    II.          Defendant/Cross-Complainant AAA SOLAR ELECTRIC, INC; and Defendants PHILADELPHIA INDEMNITY INSURANCE COMPANY and SAFETY NATIONAL CASUALTY CORP.’s Motion to Strike or Tax Costs is under submission. This matter was taken under submission on Friday, July 21, 2023. The Court will issue an Order after Friday, August 4, 2023.

Court Clerk to give Notice.

The Court is in receipt of the Second Supplemental Declaration of Mark Feldman in Support of Opposition to Motion for Attorney’s Fees FILED by AAA SOLAR ELECTRIC, INC., without leave of Court on July 20, 2023—the day before the hearing.

In the interests of justice and in favor of adjudicating the issues on the merits, the Court exercises its discretion to consider the untimely papers filed without leave of Court.

However, in order to prevent any deprivation of due process to the Moving Party/WNG CONSTRUCTION JV, INC., the Court grants WNG CONSTRUCTION JV, INC. leave to file a Supplemental Reply. WNG CONSTRUCTION, JV, INC.’s Supplemental Reply (if any) must be filed and served by no later than Friday, August 4, 2023, and must be limited in scope to addressing the issues/arguments raised by the Second Supplemental Declaration of Mark Feldman in Support of Opposition to Motion for Attorney’s Fees filed on July 20, 2023. Beyond this, no further supplemental briefing is permitted.