Michael Savage v. Trinity Solar, Inc.
A-0159-24
| N.J. Super. Ct. App. Div. | Apr 8, 2025Background
- Plaintiffs Michael and Donna Savage sued Trinity Solar, Inc. and Sunnova Energy Corp. after solar panels installed at Donna's home did not result in promised financial benefits.
- Michael alleged that the Trinity sales representative rushed him through signing multiple contracts electronically, did not allow review of contract terms, nor mention arbitration clauses.
- Donna was not present at contract signing, stated she did not sign or authorize Michael to sign for her, and disputed having ratified the contract via subsequent amendment.
- Defendants moved to compel arbitration, relying on arbitration provisions in the agreements; the trial court granted the motion and denied reconsideration.
- Plaintiffs appealed, alleging lack of mutual assent to arbitration, absence of factual findings by the lower court, and disputed authenticity of Donna’s assent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Mutual Assent to Arbitration | Plaintiffs did not knowingly assent; Michael was rushed and Donna never agreed or signed. | Agreements were signed; assent presumed. | Disputed facts exist; remanded for plenary hearing. |
| Adequacy of Trial Court Ruling | Court failed to make required factual findings or address mutual assent issues. | Clear and unambiguous arbitration provision. | Ruling reversed; trial court findings inadequate. |
| Enforceability of Arbitration | Even if signed, provisions are unconscionable given circumstances. | Provisions are clear and enforceable. | Remand without opinion on unconscionability; not addressed. |
| Judge Reassignment | Prior judge demonstrated bias via prior rulings. | No bias shown; no reason for reassignment. | No basis for new judge; trial judge may preside on remand. |
Key Cases Cited
- Atalese v. U.S. Legal Servs. Grp., L.P., 219 N.J. 430 (arbitration clauses must clearly convey waiver of judicial rights)
- Skuse v. Pfizer, Inc., 244 N.J. 30 (mutual assent and clarity required for valid arbitration agreement)
- Knight v. Vivint Solar Dev., LLC, 465 N.J. Super. 416 (disputed assent to arbitration clause requires plenary hearing)
- Hirsch v. Amper Fin. Servs., LLC, 215 N.J. 174 (arbitration preferences and limits under New Jersey law)