Judge: Shirley K. Watkins, Case: 21VECV01091, Date: 2022-08-15 Tentative Ruling
Case Number: 21VECV01091 Hearing Date: August 15, 2022 Dept: T
TENTATIVE ORDER
Motion to enforce settlement agreement:
GRANT. The parties entered into a written settlement agreement which includes the right to enforce under CCP section 664.6. Cross-defendants have failed to complete all terms of the settlement agreement. Accordingly, the motion is granted.
The court will enter judgment in favor of Cross-complainants Phat Truong and Loi Truong and against Cross-defendants Green Power Pros, Inc. and Green Power Pros Construction, Inc., jointly and severally, in the sum of $35,000.
Cross-defendants Green Power Pros, Inc. and Green Power Pros Construction, Inc. are ordered as follows:
[Insert paragraphs 4-7, 9-10, 12, from the settlement agreement]
The court also grants injunctive relief against Cross-defendants Green Power Pros, Inc. and Green Power Pros Construction, Inc. as follows:
directors, shareholders, owners, members, employees, distributors, agents, representatives, s
and/or anyone selling, advertising, or promoting solar panels on GPP’s behalf are enjoined from
advertising that they are associated with the LADWP Green Power Program or “Green Power for
Green L.A.,” or any other government program;
directors, shareholders, owners, members, employees, distributors, agents, representatives, and/or
anyone selling, advertising, or promoting solar panels on GPP’s behalf are enjoined from
advertising that customers will never have to pay an electricity bill again after a solar system is
installed if they are not eligible for such a promotion;
directors, shareholders, owners, members, employees, distributors, agents, representatives and/or
anyone selling, advertising, or promoting solar panels on GPP’s behalf are enjoined from
advertising that customers will receive a federal tax credit if they are not eligible for a tax credit;
directors, shareholders, owners, members, employees, distributors, advisors, agents,
representatives, insurers and/or anyone selling, advertising, or promoting solar panels on GPP’s
behalf are enjoined from entering into contracts outside of appropriate trade premises that do not
contain the appropriate three or five day right to cancel pursuant to Civil Code §1689.7;
directors, shareholders, owners, members, employees, distributors, agents, representatives, and/or
anyone selling, advertising, or promoting solar panels on GPP’s behalf are enjoined from entering
into solar panel contracts with California customers unless their salespersons are licensed with the
Contractors State License Board (“CSLB”) as required by California law. Specifically, GPP and
its agents are enjoined from failing to comply with Business and Professions Code §7153(a) which
specifies that “It is a misdemeanor for any person to engage in the occupation of salesperson for
one or more home improvement contractors within this state without having, at the time of the
sales transaction, a current and valid home improvement salesperson registration issued by the
registrar” and “It is a misdemeanor for any person to engage in the occupation of salesperson of
home improvement goods or services within this state without having, at the time of the sales
transaction, a current and valid home improvement salesperson registration issued by the
registrar.”
directors, shareholders, owners, members, employees, distributors, agents, representatives, and/or
anyone selling, advertising, or promoting solar panels on GPP’s behalf are enjoined from failing to
comply with Business and Professions Code §7159, which requires that “A home improvement
contract and any changes to the contract shall be in writing and signed by the parties to the
contract prior to the commencement of work covered by the contract or an applicable change order
and, except as provided in paragraph (8) of subdivision (a) of Section 7159.5, shall include or
comply with all of the following: (1) The name, business address, and license number of the
contractor. (2) If applicable, the name and registration number of the home improvement
salesperson that solicited or negotiated the contract.”
directors, shareholders, owners, members, employees, distributors, agents, representatives, and/or
anyone selling, advertising, or promoting solar panels on GPP’s behalf are enjoined from failing to
comply with Business and Professions Code §7161, which considers the following proscribed acts
misdemeanors:
a. Using false, misleading, or deceptive advertising as an inducement to enter into
any contract for a work of improvement, including, but not limited to, any
home improvement contract, whereby any member of the public may be misled
or injured;
b. Making any substantial misrepresentation in the procurement of a contract for a
home improvement or other work of improvement or making any false promise
of a character likely to influence, persuade, or induce any person to enter into
the contract; and
c. Any fraud in the execution of, or in the material alteration of, any contract, trust
deed, mortgage, promissory note, or other document incident to a home
improvement transaction or other transaction involving a work of improvement.
directors, shareholders, owners, members, employees, distributors, agents, representatives, and/or
anyone selling, advertising, or promoting solar panels on GPP’s behalf are enjoined from filing
liens, including but not limited to, Mechanics Liens, against property when the consumer has
lawfully cancelled a contract with GPP.