This is the first customer lawsuit I have found in recent years against Sunnova.
Several times I was looking for a California attorney to represent my client. Unsuccessful because of the mandatory arbitration clause.
The American Way:
Enable criminals to deceive and defraud the most vulnerable population with impunity, while our so-called regulators do absolutely nothing to stop the often criminal fraud.
Presumably, this case could go forward only because the customer claims forgery of her signature and therefore she did not agree to the mandatory arbitration clause.
In my client’s case, Sunnova forged only the DocuSign signature on the Amendment with the lower production guarantee, so we could not sue.
From the Motion for Relief from Temporary Stay:
… Creditor is the plaintiff in a civil action currently pending before the Court of First Instance, Bayamon, Puerto Rico, Civil Case No. HU2023CV00266, against Debtor Sunnova Energy Corporation, based on claims of unauthorized use of her personal information, forgery of her signature, and wrongful credit reporting.
2. By order of the Puerto Rico Court of Appeals, the case was bifurcated into two distinct phases:
a. Phase I: An evidentiary hearing to determine whether the signature on the contract allegedly entered with Sunnova was forged.
b. Phase II: Only if the forgery is proven, a second hearing would address the damages, if any, and their quantification.
3. Phase I of the case did include a discovery process, which was substantially completed before the bankruptcy filing. The parties had already exchanged extensive discovery, and the case was approaching a Status Conference prior to the evidentiary hearing.
At this stage, proceeding with Phase I would not impose a significant burden on the Debtor, as discovery has already taken place, and the matter is ready for adjudication solely on the issue of forgery.
4. Continuing with Phase I of the case will not burden the Debtor or the bankruptcy estate, as it involves limited litigation solely on the issue of forgery.
5. Cause exists under 11 U.S.C. § 362(d)(1) to grant relief from the automatic stay to allow the limited proceedings to go forward. Granting this motion would:
a. Respect the authority and procedural posture of the Puerto Rico courts.
b. Promote judicial economy.
– Prevent unnecessary delay and prejudice to the Creditor.6. Creditor do not seek enforcement of any monetary judgment at this time. Relief is sought only to proceed with Phase I of the civil action. …
I am very overwhelmed, hope to get more information on this case as time permits.
