Solar-Tec Systems v. Sunpower North America CA4/3

FACTS

Plaintiff’s Former Business Relationship with SPNA In 2015 and 2016, plaintiff and SunPower Corporation, Systems entered into agreements whereby plaintiff could earn fees by originating solar leases between homeowners and a SunPower Corporation, Systems 1 affiliate and by installing the leased systems. Plaintiff was required to use a “partner portal” to generate any lease proposals or lease agreements. From 2015 to 2017, plaintiff and SPNA entered into two residential dealer agreements and two commercial dealer agreements (the Dealer Agreements). The Dealer Agreements included some version of the following limitations provision: “Except for Dealer’s indemnification obligations under this Agreement and except for claims arising from Dealer’s non-payment or underpayment of amounts it owes SunPower, any and all claims arising out of or relating to this Agreement or SunPower’s relationship with Dealer will be barred unless a legal proceeding is commenced within one year from the date on which the party asserting the claim knew or should have known of the facts giving rise to the claims.” In September 2015, plaintiff hired En Chong as its independent sales representative. In May…