Dekker

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 GRANTING

MOTION TO AMEND

Defendants.

15 INTRODUCTION This unfair business practices case returns upon the court of appeals’ determination without explanation that we lack subject-matter jurisdiction. Plaintiffs timely move to amend to expressly allege jurisdiction under the Class Action Fairness Act. The motion is GRANTED. STATEMENT This case presents a unique posture, so it’s worth starting at the beginning. Defendant Vivint Solar, Inc., in its various corporate forms, installs residential solar systems and sells homeowners the electricity produced for a twenty year term. Plaintiffs’ complaint, however, illuminates alleged liquidated damages clauses in Vivint’s agreements, provisions which impose harsh and unlawful penalties onto dissatisfied customers. An order dated March…