De Leon v. Solar Mosaic LLC

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

ROBERTO DIAZ DE LEON, et al., Case No. 24-cv-04081-VC

Plaintiffs,

ORDER DENYING MOTION TO

v. COMPEL ARBITRATION

SOLAR MOSAIC LLC, Re: Dkt. No. 13 Defendant.

The Motion to Compel Arbitration and Stay Proceedings is denied. 1. Although it’s not clear they’ll ultimately be able to prove it, at this stage the plaintiffs have adequately alleged standing to seek injunctive relief. Each plaintiff alleges that they would like to do business with Solar Mosaic again, for example, by securing financing for future projects. Dkt. No. 33, First Amend. Compl. at ¶ 93. But they assert that, before seeking further financing, they must be able to trust Solar Mosaic’s representations in marketing, advertising, and loan proposals. Id. This is the sort of injury that a previously deceived consumer can rely on to establish standing for injunctive relief. See Davidson v. Kimberly-Clark Corp., 889 F.3d 956, 969–70 (9th Cir. 2018). Solar Mosaic attempts to throw doubt on whether the plaintiffs would be approved for another loan from Solar Mosaic, but it offers no explanation for why. And although…