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 RE MOTION FOR LEAVE

TO FILE THIRD AMENDED

Defendants.

COMPLAINT

15 16 17 In this action for unfair business practices, plaintiffs move for leave to file their third amended complaint. Because the standard for granting leave to amend is liberal, to the extent stated, plaintiffs’ motion is GRANTED IN PART and DENIED IN PART. Prior orders detail our facts (Dkt. Nos. 121, 140). In short, defendant Vivint Solar, Inc., in its various corporate forms, installs solar panels on customers’ roofs and, at least as advertised, sells those customers the low cost, clean energy produced over a twenty-year term pursuant to their “power purchase agreement” (“PPA”) (Second Amd. Compl. ¶¶ 1–11). Plaintiffs allege, however, that Vivint’s contract contains unlawful liquidated-damages clauses, provisions which impose harsh and unlawful penalties onto dissatisfied…