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 CLASS

CERTIFICATION

Defendants.

15 16 INTRODUCTION In this unfair business practices suit, plaintiff moves for certification of a class under Rule 23(b)(2). To the extent stated, the motion is GRANTED. STATEMENT Previous orders described the facts herein (Dkt. Nos. 121, 140). In brief, 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). Plaintiff alleges, however, that Vivint’s contract contains unlawful liquidated-damages clauses, provisions which impose harsh and unlawful penalties onto customers should they seek to dissolve the contract. Early on in our…