Dekker

Dekker v. Vivint Solar, Inc.

Good Law
United States District Court, Northern District of CaliforniaMarch 24, 20203:19-cv-07918California4,314 words

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…

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