C.A. 5th;
F073277

The Fifth Appellate District granted in part and denied in part a petition for writ of mandate. The court held that an enforceable delegation cause in the parties' arbitration agreement barred the trial court from deciding issues of arbitrability.

Larry and Margaret Aanderud entered into an agreement with Vivint Solar Developer, LLC, under which Vivint agreed to install a solar power generating system on the Aanderuds' property in exchange for the Aanderuds' agreement to purchase the solar power generated by the system. The Aanderuds later sued Vivint, seeking rescission of the agreement and asserting individual and class claims for declaratory relief and violations of the Unfair Competition Law (UCL). Vivint petitioned to compel arbitration based on an arbitration provision in the parties' agreement.