Enfinity CentralVal 2 Parlier LLC v. City of Parlier, California

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ENFINITY CENTRAL VAL 2 PARLIER No. 2:19-cv-01607-MCE-KJN

LLC,

12 Plaintiff, ORDER v.

CITY OF PARLIER,

15 Defendant. 16 In instituting the present lawsuit, Plaintiff Enfinity Central Val Parlier LLC (“Plaintiff”) seeks damages stemming from the alleged failure of Defendant City of Parlier (“Parlier” or “City”) to make payments for electricity generated by a solar power system installed by Enfinity for Parlier. Parlier initially filed a Motion to Dismiss Plaintiff’s complaint on grounds it failed to state a claim upon which relief can be granted pursuant to Federal Rule of Civil Procedure 12(b)(6). That motion urged dismissal on several grounds, including Plaintiff’s purported failure to comply with the provisions of the California Government Claims Act by not timely presenting a claim to Parlier as a governmental entity, and by not permitting Parlier to reject that claim before filing suit. The City further claims that Silicon Ranch, to whom the subject Solar Energy…