Hernandez v. Sunnova Energy Corp. CA4/1

California Court of Appeal Nov 21, 2024 No. D083558Unpublished

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Holding. The court held that the appellant forfeited its arguments on appeal by failing to oppose the motion to enforce the settlement agreement or raise its objections in the trial court prior to the entry of judgment.

Issues

Whether the appellant forfeited its appellate arguments by failing to oppose the motion to enforce the settlement agreement in the trial court.
Whether the appellant's post-judgment efforts to amend the judgment cured its failure to object prior to the entry of judgment.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“Because the record does not reflect that Sunnova opposed entry of the judgment, Sunnova has forfeited its arguments on appeal.”

“The failure to make a timely and specific objection on the ground asserted on appeal forfeits the issue on appeal.”

“These belated efforts do not cure Sunnova’s failure to demonstrate that it objected in the trial court before entry of the Judgment it now appeals from”

Filed 11/21/24 Hernandez v. Sunnova Energy Corp. CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

SILVIA HERNANDEZ, D083558

Plaintiff and Respondent,

v. (Super. Ct. No. 37-2020- SUNNOVA ENERGY CORP., 00017926-CU-BT-CTL)

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Joel R. Wohlfeil, Judge. Affirmed. ElGuindy, Meyer & Koegel, Benjamin D. Koegel and W. Patrick Cronican for Defendant and Appellant. Golden & Cardona-Loya and Octavio Cardona-Loya II for Plaintiff and Respondent.

MEMORANDUM OPINION1 Defendant Sunnova Energy Corp. (Sunnova) appeals a judgment granting Silvia Hernandez’s motion to enforce a settlement agreement with

1 This case is appropriate for resolution by memorandum opinion because it raises “no substantial issues of law or fact.” (Cal. Stds. Jud. Admin., § 8.1; see People v. Garcia (2002) 97 Cal.App.4th 847.)

Sunnova and its codefendant Infinity Energy, Inc. (Infinity). Because the record does not reflect that Sunnova opposed entry of the judgment, Sunnova has forfeited its arguments on appeal. Accordingly, we affirm. In 2020, Hernandez filed a lawsuit against Sunnova and Infinity for events arising out of a dispute involving the installation and financing of a solar energy system at her home. In 2023, the parties entered into a written settlement agreement (the Agreement). The Agreement provided in relevant part that “Infinity shall remit to [Hernandez] the sum of thirty-seven thousand five-hundred dollars ($37,500.00).” It further provided that Sunnova could seek indemnity against Infinity, and that the trial court would retain jurisdiction to enforce the Agreement pursuant to Code of Civil

Hernandez v. Sunnova Energy Corp. CA4/1

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COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

SILVIA HERNANDEZ, D083558

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