Sunrun and Vivint Solar ‘deceptive’ solar PPA investigation

CONTINGENCY FEE AGREEMENT

This Agreement is made between Matern Law Group, PC, hereinafter referred to as “Attorney,” and
hereinafter referred to as “Client.” There are no intended third-party beneficiaries to the relationship between our law firm and
you. This Agreement will not take effect and Attorney will have no obligation to provide legal services, until the Client returns
a signed copy of this Agreement and pays the initial deposit, if any, called for under Paragraph 4.
1. Matter Covered: Client retains Attorney to represent Client in connection with a claim for damages, injury or loss
against such persons who may be liable therefor, arising out of the following incident or transaction:
Consumer claims arising out of contract with Vivint, Sun Run, and/or other responsible entities and individuals as investigation and
discovery indicate.
2. Services to be Performed by Attorney: Attorney agrees to perform the legal services reasonably required to prosecute
Client’s claim to judgment in a trial court; and if the judgment is in Client’s favor, to oppose any motion for a new trial.
No otherservices are covered by this Agreement. Thus, if the judgment is unsatisfactory to Client, Attorney shall not be obligated to
render services in connection with a motion for new trial; nor shall Attorney be obligated to render services on appeal or in
proceedings to enforce the judgment. The compensation for any services rendered by Attorney after judgment, including any appeals
or collection actions shall be separately agreed to between Client and Attorney in a separate written agreement and is excluded from
this agreement. This Agreement also does not include defending Client against, or representing Client in any claims that may be
asserted against Client as a cross-claim or counter-claim in Client’s case.
Attorney is authorized to associate and employ other counsel to assist in representing Client, at Attorney’s own expense.
If Client has been referred by another attorney, said attorney may be paid an attorney’s fee by Attorney, but this will not increase the
fee to Client hereby agreed.
3. Discharge and Withdrawal: Client may discharge Attorney at any time, upon written notice, and Attorney will immediately
after receiving such notice, cease to render additional services. Such discharge does not, however, relieve Client of the obligation to
pay any costs incurred prior to such termination, and Attorney has the right to recover from you the reasonable value of Attorney’s
legal services rendered from the effective date of the Agreement to the date of discharge. Attorney may withdraw from representation
of Client (a) with Client’s consent, (b) upon court approval, or (c) if no court action has been filed, upon reasonable notice to Client.
4. Deposit: Client agrees to pay Attorney an initial deposit of $ 0.00, to be returned with this signed Agreement. Attorney will
hold this initial deposit in a trust account. Client hereby authorizes Attorney to use that deposit to pay the costs, disbursements and
other expenses incurred under this Agreement.
5. No Guarantee as to Result: Client acknowledges that Attorney has made no guarantee as to the outcome or amounts
recoverable in connection with Client’s claim.
6. Litigation Costs and Expenses: In the event of recovery, Client shall be responsible for all costs and expenses incurred by
Attorney in connection with Client’s claim including, without limitation, the following:

(a) court filing fees;
(b) process serving fees;
(c) fees to private investigators or investigations done in house by Attorney;
(d) fees to photographers or graphic artists;
(e) fees to experts and/or consultants;
(f) court reporter’s fees for depositions, appearances, preparation of transcripts and/or court hearings,
including but not limited to trial;
(g) jury fees;
(h) fees for law clerks and/or paralegals at the rate of $250.00 per hour;
(i) fees paid to special appearance counsel or firms for making appearances on behalf of the Attorney;
(j) messenger and mail expenses;
(k) travel expenses and provisions, including but not limited to meals, parking and reimbursement for mileage;
(l) long distance telephone charges and telecommunications charges;
(m) in office photocopying and document scanning charges at 25 Cents per page, facsimile transmittals at
$1.00 per page;
(n) word processing charges;
(o) in office video/DVD recordings of depositions at the rate of $80.00 per hour;
(p) color photo productions;
(q) computerized/online legal research charges;
(r) professional mediator, arbitrator and/or special master fees;
(s) other costs and expenses deemed necessary in attorney’s sole discretion to litigate Client’s claim.

1

Initials:
Attorney:

Initials:
Client(s):

Attorney may advance any or all of such costs and expenses on Client’s behalf, in which event Client agrees to reimburse Attorney
upon demand atsuch time a recovery is received and/or the case is settled. If the Attorney buys unlimited services at a flat fee (such
as on-line research access or local courierservices), then the Attorney may charge the Client for such services provided the cost to the

Client does not exceed the charge that would be incurred by the Client if the service was purchased on a per-minute, per-inquiry, per-
delivery or other per-unit basis.

7. Contingency Fee to Attorney: The fee to be paid to Attorney will be a percentage of “any recovery” depending on the rate at
which the settlement or judgment is reached. The term “any recovery” means” (1) the total of all amounts received by settlement,
arbitration award or judgment, and (2) Any recovery shall also include the reasonable value of any non-monetary proceeds. Client
acknowledges that he/she has been advised by Attorney that any contingency fee is negotiable and is not set by law.
Bearing such advice in mind, Client agrees to pay Attorney a contingency fee as follows:

(a) If the matter is settled before lawsuit is filed or arbitration is demanded, an amount equal to Thirty Three
Point Three Three percent (33.33 %) of any recovery obtained.
(b) Thereafter, an amount equal to Forty Five percent (45.00 %) of any recovery, whether by way ofsettlement,
judgment, or otherwise.

If any attorney’s fees are awarded in this action, Attorney shall be paid: 1) the contingency fee percentage set forth above, which is
a percentage of any and all monies (and other property) recovered; and 2) the entire amount of any attorneys’ fees awarded.
8. Costs and Expenses as Affecting Contingency Fee: Costs and expenses incurred in connection with the prosecution or
settlement of Client’s claim shall be reimbursed after the contingency fee is computed.
9. Form ofRecovery as Affecting Contingency Fee: In the event the recovery consists of periodic payments over a period of
time, or any otherform of property which is not cash or cash equivalent, the contingency fee shall be based on the present cash value
of the recovery and shall be payable out of the first funds or property received.
10. Attorney’s Lien: Client hereby grants Attorney a lien on Client’s claim and any cause of action filed thereon to secure
payment to Attorney of all sums due under this agreement for services rendered and costs advanced.
A lien acts as security for payment due to Attorney by Client. This lien could delay payments to Client until any disputes over the
amount to be paid to Attorney are resolved. Client hereby grants Attorney a lien for any sums due and owing to Attorney for fees and
costs at the conclusion of Attorney’s services. The lien will attach to any recovery Client may obtain, whether by arbitration award,
judgment, settlement or otherwise, in this matter. Client may seek the advice of an independent lawyer of the client’s choice about
this lien and this matter. By initialing this provision and signing this agreement Client acknowledges that it has been so advised and
given a reasonable opportunity to seek that advice.]
Explained, Read and Approved: (Client(s) initials).
11. Client to Keep Attorney Informed: Client shall keep Attorney advised of the whereabouts of Client at all times,shall appear
on reasonable notice at all depositions and court appearances, and shall comply with allreasonable requests of Attorney in connections
with the preparation and presentation of the above-named claims of Client.
12. Binding Arbitration: The parties hereto agree that any dispute relating to Attorney’s fees under this Agreement shall be
submitted to binding arbitration before the Los Angeles County Bar Association pursuant to California Business and Professions Code
Section 6200, et seq., or, should that organization decline to arbitrate the dispute, before the State Bar of California pursuant to
California Business and Professions Code Section 6200, et seq.
Any other dispute (other than Attorney’s fees) between the parties hereto arising out of or relating to this contract or Attorney’s
professional services rendered to or for Client, shall be resolved by binding arbitration before ADR Services, Inc., in Los Angeles,
California in accordance with ADR, Services, Inc.’s Rules of Arbitration prevailing at the time of the arbitration. If the parties cannot
agree on the selection of an arbitrator, then the Superior Court ofLos Angeles County shall choose an impartial arbitrator with ADR
Services, Inc. whose decision shall be final and conclusive on all parties. The cost of arbitration, excluding legal fees,shall be borne
by the losing party or in such proportion as the arbitrator shall decide.
13. Consent to Use of Electronic Storage, E-Mail and Offsite Backup: Attorney maintains paperless files. Attorney will scan and
otherwise digitize all file materials. Client files are maintained electronically in Portable Document Format (PDF). Because
electronic document storage continues to evolve, there may be risks storing documents in this manner, including risks related to
confidentiality and security. Attorney will take reasonable precautions to keep Client’s documents secure, and to protect Client’s
confidential information. By entering into this Agreement, Client is consenting to such electronic storage of documents.

2

Initials:
Attorney:

Initials:
Client(s):

In order to provide Client with efficient and convenient legalservices, Attorney will frequently communicate and transmit documents
using e-mail. Because e-mail continues to evolve, there may be risks communicating in this manner, including risks related to
confidentiality and security. By entering into this Agreement, Client is consenting to such e-mail transmissions with Client and
Client’s representatives and agents.
Attorney uses an offsite backup service with servers located in a facility other than Attorney’s office. Amirror copy of Attorney’s data
server containing client file data is pushed through a secure tunnel and stored at an offsite location. Most of Attorney’s electronic data,
including emails and documents, are stored in this manner. By entering into this Agreement, Client understands and consents to
having communications, documents and information pertinent to the Client’s matter stored through such a back-up service.
14. File Retention and Destruction: At the conclusion of yourmatter, this matter will be closed, and we will retain a client file
of your matter for a period of 5 years. We may store some or all client file materials in a digital format. We will keep any original
paper documents provided by you until conclusion of your case, at which time they will be returned to you. Any copies of paper
documents provided by you will not be returned to you unless you request such copies in writing. At the expiration of the 5-year
period after your case is concluded, we will destroy all remaining client file materials unless you notify usin writing that you wish to
take possession of them. This clause applies to any client file materials being held or stored by a third-party vendor.
15. Professional Liability Insurance Disclosure: Pursuant to California Rule of Professional Conduct 3-410, Attorney is
informing Client in writing that Attorney has professional liability insurance.
16. Effective Date: This Agreement will take effect when Client has performed the conditions stated herein, but its effective
date will be retroactive to the date Attorney first performed services. The date at the end of this Agreement is for reference only.
Even if this Agreement does not take effect, Client will be obligated to pay Attorney the reasonable value of any services Attorney
may have performed for Client.
17. Entire Agreement: This Agreement contains the entire agreement of the parties. No other agreement, statement or
promise made on or before the effective date of this Agreement will be binding on the parties.
18. Severability In Event of Partial Invalidity: If any provision of this Agreement is held in whole or in part to be
unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.
19. Copy Received by Client: Client acknowledges receipt of a copy of this agreement concurrently with Client’s execution
thereof.
This agreement shall be binding on the heirs, executors or personal representatives of Client.
Entered into at , California on , 2024.

Attorney: Client:
MATERN LAW GROUP, PC

By: (Signature)
Print Name:

3

Initials:
Attorney:

Initials:
Client(s):

1230 Rosecrans Avenue, Suite 200
Manhattan Beach, California 90266
www.maternlawgroup.com
Tel: (310) 531-1900 | Fax: (310) 531-1901
Mediation Disclosure Notification and Acknowledgment

To promote communication in mediation, California law generally makes mediation a confidential process.
California’s mediation confidentiality laws are laid out in Sections 703.5 and 1115 to 1129, inclusive, of the
Evidence Code. Those laws establish the confidentiality of mediation and limit the disclosure, admissibility, and
a court’s consideration of communications, writings, and conduct in connection with a mediation. In general,
those laws mean the following:
• All communications, negotiations, or settlement offers in the course of a mediation must remain
confidential.
• Statements made and writings prepared in connection with a mediation are not admissible or subject to
discovery or compelled disclosure in noncriminal proceedings.
• A mediator’s report, opinion, recommendation, or finding about what occurred in a mediation may not be
submitted to or considered by a court or another adjudicative body.
• A mediator cannot testify in any subsequent civil proceeding about any communication or conduct
occurring at, or in connection with, a mediation.

This means that all communications between you and your attorney made in preparation for a mediation, or
during a mediation, are confidential and cannot be disclosed or used (except in extremely limited
circumstances), even if you later decide to sue your attorney for malpractice because of something that happens
during the mediation.
I, , understand that, unless all participants agree otherwise, no oral or written
communication made during a mediation, or in preparation for a mediation, including communications between
me and my attorney, can be used as evidence in any subsequent noncriminal legal action including an action
against my attorney for malpractice or an ethical violation.
NOTE: This disclosure and signed acknowledgment does not limit your attorney’s potential liability to you for
professional malpractice, or prevent you from (1) reporting any professional misconduct by your attorney to the
State Bar of California or (2) cooperating with any disciplinary investigation or criminal prosecution of your
attorney.

By: Dated:

Client

By: Dated:

Attorney