Judge: Lee W. Tsao, Case: VC065473, Date: 2024-02-29 Tentative Ruling
Case Number: VC065473 Hearing Date: March 7, 2024 Dept: C
WNG CONSTRUCTION JV,
INC. v. AAA SOLAR ELECTRIC, INC.
CASE
NO.: VC065473
HEARING: 03/07/24
ADD
ON
Defendants/Cross-Complainants
AAA SOLAR ELECTRIC, INC. and Defendants PHILADELPHIA INDEMNITY INSURANCE
COMPANY and SAFETY NATIONAL CASUALTY CORP.’s Motion for Distribution of Funds
Held Pursuant to Appeal Bond is GRANTED.
Moving
Party to give Notice.
Swiss Re Corporate
Solutions America Insurance Corporation Bond #2343660 shall be fully discharged
and Swiss Re Corporate Solutions America Insurance Corporation shall be forever
released and exonerated by WNG CONSTRUCTION JV, Inc. from any further liability
under Bond #2343660, limited to the appeal bond number affected. As
indicated in the Objection to the Proposed Judgment filed on March 6, 2024,
“there are still several appeals subject to the outcome of the pending appeals
that are not being exonerated”. (Obj. #2.)
The
issues of overpayment and/or whether the judgment has been paid in full were
not properly noticed for this hearing date, and are improperly adjudicated at
this time. Moving Party is not foreclosed from seeking these orders via
separately noticed motion, if necessary.
Subject
to the limitations above, the Motion is GRANTED. Moving Party is ORDERED to
submit a Proposed Order within 5 days of the Court’s issuance of this Order in
compliance with this Court’s Order. The Court will sign the Moving Party’s
Amended Proposed Order, to the extent that the terms of the Amended Proposed
Order are in compliance with this Order.
The
Clerk of Court will then be directed to withdraw the Swiss Re Corporate
Solutions America Insurance Corporation bond from the files of the Court and
deliver the original Swiss Re Corporate Solutions America Insurance Corporation
bond to counsel for Defendants, Mark Feldman, of Feldman & Associates,
Inc., limited to the appeal bond number affected.