Solarmore Mgt. Services, Inc. v. Bankruptcy Estate of DC Solar Solutions

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 8 SOLARMORE MANAGEMENT SERVICES No. 2:19-cv-02544-JAM-DB INC., a California Corporation, Plaintiff, ORDER DENYING DEFENDANTS

HERITAGE BANK, DIANA KERSHAW,

v. AND ARI LAUER’S MOTION TO

DISMISS

BANKRUPTCY ESTATE OF DC SOLAR SOLUTIONS, INC., et al., 14 Defendants. 15 I. FACTUAL ALLEGATIONS AND PROCEDURAL BACKGROUND1 This action arises from a fraudulent scheme involving the sale of mobile solar generators (“MSGs”). From 2011 to 2018, operators of the scheme, sold thousands of these generators. Second Am. Compl. (“SAC”) at 6, ECF No. 144. Purchasers paid $150,000.00 for each, with a down payment of around $37,500 and a promissory note for the balance payable over twenty years. Id. Purchasers were told the generators would be sublet to end users which would provide a steady flow of revenue to cover any amount owed on the promissory note. Id. The operators also represented

1 This motion was determined to be suitable for decision…