Zand

I. BACKGROUND

A. Sukumar’s Complaint On June 15, 2020, Sukumar initiated the present action by filing a complaint against Zand, asserting several causes of action, including breach of contract, unjust enrichment, intentional and negligent misrepresentation, and unfair competition.2 In the complaint, Sukumar alleged that, in early 2019, he purchased and installed solar panel systems to generate electricity at properties in which he has an ownership interest. Sukumar “became concerned about electromagnetic emissions (including radiation) and interference (collectively, ‘EMI’) generated by such systems, and its potentially adverse impacts on human health and well-being.” Sukumar believed many other people share those concerns, and he decided to try to develop devices to mitigate EMIs. “The goal of this work was to develop commercially marketable EMI mitigation and remediation devices which . . . could be used by [Sukumar], and could be sold to other solar system owners and users. [Sukumar] was aware of other devices on the market which are intended for this purpose, but desired to invent, develop, and build a better, and more economical device.” The complaint states Sukumar retained…