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 GRANTING IN PART AND

DENYING IN PART LEAVE TO

14 Defendants.

AMEND

15 16 INTRODUCTION 17 Following an order compelling arbitration in this unfair business practices suit, the 18 remaining plaintiffs seek leave to amend their complaint. Because leave is freely given and the 19 amendments are partially viable, leave is GRANTED IN PART AND DENIED IN PART. 20 STATEMENT 21 A prior order details the facts here (Dkt. No. 47). In brief, defendants Vivint Solar, Inc., 22 Vivint Solar Holdings, Inc., Vivint Solar Developer, LLC, and Vivint Solar Provider, LLC (all 23 “Vivint”) install solar panels on customers' roofs and, at least as advertised, sell them the low 24 cost, clean energy produced over a twenty year term pursuant to their “power purchase 25 agreement” (Prop. Amend. Compl., Dkt. No. 52-3, at ¶¶ 1–11). Plaintiffs…