Edgardo Diaz v. Tesla Energy Operations, Inc.

I. Background

22 In 2015, Plaintiff, a resident of Maryland, signed a “Power 23 Purchase Agreement” (the Agreement), under which Solar City, a 24 Tesla entity, would install solar panels on Plaintiff’s home. 25 (Complaint ¶ 9.) Under the Agreement, Plaintiff would not own any 26 of the equipment, but would instead pay Tesla for solar panel- 27 produced electricity at a pre-arranged rate. (Id.) 28 The Agreement includes an arbitration provision within a section titled, “Applicable Law; Arbitration” (“the Arbitration Provision”). (Declaration of Brionne Collins, Ex. 1.) The Arbitration Provision states that the Agreement shall be governed by the law of the customer’s home state, and that “any dispute, claim, or disagreement . . . shall be resolved exclusively by arbitration” administered by JAMS (formerly Judicial Arbitration and Mediation Services, Inc.). (Collins Decl., Ex. 1 at 10.) The Arbitration Provision also invokes JAMS’ “Streamlined Arbitration Rules.” (Id.) In 2020, Plaintiff attempted to refinance his home mortgage and discovered that a credit report furnished by non-moving Defendant Equifax Information…