Dekker

INTRODUCTION

19 In this unfair business practices suit, plaintiffs move to vacate a prior order compelling 20 them to arbitrate their claims, alleging defendants failed to timely pay their share of arbitration 21 fees, a material breach of the arbitration agreement. Because the arbitration filing fees came 22 due on defendants’ receipt of the arbitrator’s invoice, their payments came more than 30 days 23 later, in violation of state law. To the extent stated below, plaintiffs’ motion is GRANTED.

STATEMENT

25 A March 24 order recited the essence of this case (Dkt. No. 47). __ F. Supp. 3d __, 2020 26 WL 1429740 (N.D. Cal. Mar. 24, 2020). In brief, eight plaintiffs, solar panel system 27 customers, sued Vivint Solar for a range of unfair business practices. That order, among other things, compelled plaintiffs to arbitrate. Each plaintiff then filed a separate complaint with JAMS on April 29. Before any arbitration can begin, JAMS rules require the consumer pay a $250 filing fee and the non-consumer pay a $1,500 filing fee. The parties do not dispute that all plaintiffs timely paid. Defendants’ untimely payment, however, resides at the heart of the…