Dekker

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7

NORTHERN DISTRICT OF CALIFORNIA

8

9

10 GERRIE DEKKER, et al., 11 Plaintiffs, No. C 19-07918 WHA

12 v.

13 VIVINT SOLAR, INC., et al., ORDER RE ARBITRATION AND

MOTION TO DISMISS

14 Defendants.

15 16 INTRODUCTION 17 In this unfair business practices suit, defendant solar panel installer moves to compel 18 arbitration, or in the alternative, dismiss the complaint. Because the arbitration agreement 19 clearly delegates the question of arbitrability to the arbitrator, for plaintiffs who agreed to, 20 ARBITRATION IS COMPELLED. The motion to dismiss against the remaining two named 21 plaintiffs is GRANTED IN PART AND DENIED IN PART. 22 STATEMENT 23 Defendants Vivint Solar, Inc., Vivint Solar Holdings, Inc., Vivint Solar Developer, LLC, 24 and Vivint Solar Provider, LLC (all “Vivint”) install solar panels on customers’ roofs and, at 25 least as advertised, sell them the low cost, clean energy produced (Compl., Dkt. No. 1, at ¶ 3). 26 Vivint’s unit of sale is the…