Aanderud

Aanderud v. Superior Court of Kern Cnty.

Good Law
13 Cal. App. 5th 880·2017 Cal. App. LEXIS 648·221 Cal. Rptr. 3d 225
Court of Appeal of CaliforniaJuly 26, 2017F073277California6,742 words

Opinion

Lead Opinion

Gomes, J.

*884 Larry and Margaret Aanderud entered into an agreement with Vivint Solar Developer, LLC (Vivint Solar), pursuant to which Vivint Solar agreed to install a solar power generating system on the Aanderuds' property in exchange for the Aanderuds' agreement to purchase the solar power generated by the system. The Aanderuds later sued Vivint Solar in superior court, seeking rescission of the agreement and asserting individual and class claims for declaratory relief and violations of the Unfair Competition Law (UCL), Business and Professions Code section 17200, et seq. The trial court granted Vivint Solar's petition to compel arbitration based on the arbitration provision in the agreement, ordered the Aanderuds to submit their individual claim to arbitration, and dismissed the class claims without prejudice.

*229 The Aanderuds assert the trial court erred in (1) dismissing the class claims, as under California law statutory claims for injunctive relief are not subject to compulsory arbitration; and (2) finding the arbitration provision was enforceable, as the provision does not meet certain minimum standards required for the arbitration of public claims, and is procedurally and…

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