Fox

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ERIK FOX, No. 2:23-cv-1319-KJN Plaintiff, ORDER v. (ECF No. 5.) VELOCITY SOLAR POWER, INC., et al., Defendants. 16 Plaintiff alleges multiple claims related to the marketing and construction of an additional structure and the installation of a solar power system on plaintiff’s land; plaintiff executed three contracts with defendant Velocity Solar Power, with the remaining defendants acting as alleged agents of Velocity. (ECF No. 1.) Defendants now move to compel arbitration based on language in the contracts. (ECF No. 5.) Plaintiff maintains these contracts were rescinded under California law as illegal home solicitation contracts and are unconscionable. (See ECF No. 9.) Defendants dispute plaintiff’s rescission contentions and maintain, regardless, that the Federal Arbitration Act preempts state law, as well as that the contracts delegate the issue of arbitrability to the arbitrator. (ECF No. 10.) 26 …