Dekker

Dekker v. Vivint Solar, Inc.

Good Law
United States District Court, Northern District of CaliforniaMarch 18, 20223:19-cv-07918California3,676 words

Opinion

Trial Court Opinion

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 PARTIAL

SUMMARY JUDGMENT

Defendants.

15 INTRODUCTION In this unfair business practices suit, defendant solar panel company moves for partial summary judgment on plaintiff’s request for injunctive relief on three grounds. To the extent stated, the motion is GRANTED IN PART AND DENIED IN PART. 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…

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