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Fabian v. Renovate America, Inc.

42 Cal. App. 5th 1062 (2019)

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Fabian v. Renovate America, Inc.

California Court of Appeal
42 Cal. App. 5th 1062 (2019)

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Facts

Rosa Fabian (plaintiff) filed a complaint against Renovate America, Inc. (defendant) for violation of the Consumers Legal Remedies Act, the Unfair Competition Law, and the California Contract Translation Act, alleging that solar panels Fabian purchased were improperly installed. Fabian claimed that payments for the solar panels were incorporated into her mortgage payment without her consent. Renovate America filed a petition to compel arbitration pursuant to a financing contract for the solar panels that Renovate America claimed Fabian had signed. The contract contained an electronic signature that appeared to have been electronically signed by Fabian. Fabian denied having signed the contract. In attempting to prove that Fabian electronically signed the contract, Renovate America relied on the contract itself and a declaration from a Renovate America employee, Mike Anderson, summarily stating that Fabian was present when the contract was signed and that, based on his records, Fabian had signed the contract. The trial court denied Renovate America’s motion to compel arbitration, finding that Renovate America had failed to prove that Fabian electronically signed the contract. Renovate America appealed.

Rule of Law

Issue

Holding and Reasoning (Irion, J.)

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