Sunfarms, LLC v. Eurus Energy America Corporation

Background 22 Eurus develops and operates renewable energy projects. In 2012, Plaintiffs entered 23 into a consulting services agreement (“CSA”) with Eurus related to projects in Hawaii: 24 the Waianae Solar Project (“Waianae”) and the Palehua Wind & Solar Project 25 (“Palehua”). The CSA included a non-compete clause. Eurus had the option to terminate 26 the CSA without cause. Plaintiffs were paid fifteen thousand dollars per month and were 27 entitled to other periodic payments if certain conditions or achievements were met. The 28 CSA required Eurus to cause EE Waianae Solar Project LLC (“Project Company”) – which owned and operated the Waianae project – to enter into a royalty agreement with Plaintiffs, entitling them to a percentage of gross revenue from the power sales. Eurus terminated the CSA in February 2017. Plaintiffs assert several claims against Eurus related to the periodic payments, royalty agreement, and non-compete clause. TTA, Eurus’s sister corporation, made an investment in the Project Company. TTA was not a party to the CSA. Plaintiffs seek to hold them liable for Eurus’s conduct. Eurus’s Motion for Judgment on the Pleadings…