Dekker
Dekker v. Vivint Solar, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
GERRIE DEKKER, et al., Plaintiffs, No. C 19-07918 WHA
v.
VIVINT SOLAR, INC., et al., ORDER RE ARBITRATION AND
MOTION TO DISMISS
Defendants.
15 INTRODUCTION In this unfair business practices suit, defendant solar panel installer moves to compel arbitration, or in the alternative, dismiss the complaint. Because the arbitration agreement clearly delegates the question of arbitrability to the arbitrator, for plaintiffs who agreed to, ARBITRATION IS COMPELLED. The motion to dismiss against the remaining two named plaintiffs is GRANTED IN PART AND DENIED IN PART. STATEMENT Defendants Vivint Solar, Inc., Vivint Solar Holdings, Inc., Vivint Solar Developer, LLC, and Vivint Solar Provider, LLC (all “Vivint”) install solar panels on customers’ roofs and, at least as advertised, sell them the low cost, clean energy produced (Compl., Dkt. No. 1, at ¶ 3). Vivint’s unit of sale is the…