Flywheel Uber Lawsuit

Case 3:16-cv-06385 Document 1 Filed 11/02/16 Page 1 of 34
1 Shannon Seibert (CBN 240317)

seibert@ssjblaw.com
2 Joe Bautista (CBN 255708)
joebau@ssjblaw.com
3
SEIBERT & BAUTISTA
4 22 Battery Street, Ste. 888
San Francisco, CA 94111
5 Tel: 415.954.9455
6
Fax: 415.494.8115
7 Attorneys for Plaintiff
8 UNITED STATES DISTRICT COURT

9
NORTHERN DISTRICT OF CALIFORNIA
10
SAN FRANCISCO DIVISION
11
12
DESOTO CAB COMPANY, INC., d/b/a CASE NO.: 3:16-cv-06385
13
FLYWHEEL TAXI,
COMPLAINT FOR DAMAGES AND
14
Plaintiff, INJUNCTIVE RELIEF
15 vs.
16 JURY TRIAL DEMANDED
UBER TECHNOLOGIES, INC., a
17 Delaware corporation; UBER USA,
LLC, a Delaware limited liability
18 company; RASIER, LLC, a Delaware
limited liability company; RASIER-CA,
19
LLC, a Delaware limited liability
20 company; and DOES 1 through 100,
inclusive,
21
Defendants.
22
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COMPLAINT
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Plaintiff DESOTO CAB COMPANY, INC., d/b/a FLYWHEEL TAXI, complains against
2
Defendants, and each of them, demands a trial by jury of all issues and for all causes of action for
3
which it is entitled, and hereby alleges on information and belief as follows.
4 INTRODUCTION
5 1. This is an action that stems from the anticompetitive and illegal conduct of Uber,
6 which promotes itself as a “disrupter” of the transportation industry through its use of “innovative”
7 practices. In reality, Uber has done little more than implement a business strategy that openly flouts
8 the law while shifting many of the costs and nearly all of the risks of providing ride-hail services
9 from itself to its drivers and passengers while forcing a race to the bottom through predatory pricing
10 tactics – where, propped up by billions of dollars in venture capital funding, Uber will remain until
11 its illegal strategy has forced all other competitors from the market.
12 PARTIES
13 2. Plaintiff DESOTO CAB COMPANY, INC., d/b/a FLYWHEEL TAXI
14 (“FLYWHEEL TAXI”) is a California corporation. FLYWHEEL TAXI is a San Francisco taxicab
15 company that maintains its headquarters and principal place of business in the City and County of
16 San Francisco, California.
17 3. Defendant UBER TECHNOLOGIES, INC. is a Delaware corporation. UBER
18
TECHNOLOGIES, INC. maintains its headquarters and principal place of business in the City and
19
County of San Francisco, California.
20
4. Defendant UBER USA, LLC is a Delaware limited liability company. UBER USA
maintains its headquarters and principal place of business in the City and County of San Francisco,
21
California.
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5. Defendant RASIER, LLC is a Delaware limited liability company. RASIER, LLC
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maintains its headquarters and principal place of business in the City and County of San Francisco,
24
California.
25
6. Defendant RASIER-CA, LLC is a Delaware limited liability company. RASIER-CA,
26
LLC maintains its headquarters and principal place of business in the City and County of San
27
Francisco, California.
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_________________________________________________________________________________________________
COMPLAINT
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7. Defendants UBER TECHNOLOGIES, INC., UBER USA, LLC, RASIER, LLC, and
2
RASIER-CA, LLC are collectively referred to herein as “UBER” or “Defendants.”
3
8. FLYWHEEL TAXI is unaware of the identity of those Defendants sued as DOES 1
4 through 100, inclusive, and they are therefore sued under those fictitious names. FLYWHEEL TAXI
5 is informed and believes, and thereon alleges, that it is entitled to the relief requested in this
6 complaint from these Doe defendants and will seek leave of this Court to amend this complaint to
7 reflect these defendants’ true names and identities when ascertained.
8 9. FLYWHEEL TAXI is informed and believes and thereon alleges that each of the
9 defendants named herein was the agent, alter ego, employee or representative of each of the
10 remaining defendants and in doing the things mentioned herein, was acting in the course and scope
11 of such relationship. FLYWHEEL TAXI further alleges that in doing the acts or omissions
12 complained of herein, Defendants, and each of them, acted or omitted to act in concert as agents of
13 and/or on behalf of the other defendants named herein.
14 VENUE AND JURISDICTION
15 10. Jurisdiction is conferred upon this Court by 15 U.S.C. §§ 15 and 26 and 28 U.S.C. §§
16
1331 and 1337.
11. Supplemental jurisdiction over the California state law claims alleged herein is
17
invoked pursuant to 28 U.S.C. § 1367. The claims that arise under state law are so related to claims
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within the original jurisdiction of this Court that they form a part of the same case and controversy
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under Article III of the United States Constitution.
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12. Venue is proper in this district pursuant to 15 U.S.C. §§ 22 and 26 and 28 U.S.C.
21
§ 1391 because Defendants transact business and maintain their principal corporate offices in this
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district. Additionally, a substantial part of the interstate trade and commerce involved and affected
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by the violation of the antitrust laws alleged herein was and is carried on within this district, and the
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acts complained of have had, and will have, substantial anticompetitive effects in this district.
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_________________________________________________________________________________________________
COMPLAINT
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INCORPORATION OF ALLEGATIONS
2 13. All of the allegations in this Complaint are hereby incorporated into each cause of
3 action to the extent necessary or useful to clarify and complete each stated cause of action, to avoid
4 repetition and redundancy.
5 TRADE AND COMMERCE
6 14. Defendants market and sell ride-hail ground transportation services through the
7 internet and smartphone applications within the flow and using means of interstate commerce.
8 RELEVANT MARKET
9 15. The product market relevant to the antitrust, unfair practices, and unfair competition
10 causes of action is ride-hail ground transportation service provided in private vehicles that are not
11 licensed as “TCP” or “PSC” and that originate in the City and County of San Francisco. The
12 geographic market is the City and County of San Francisco, including San Francisco International
13 Airport. This market is referred to herein as the “San Francisco Ride-Hail Market.”
14 16. Defendants currently control approximately 70 percent of the San Francisco Ride-
15
Hail Market.
16
FACTS COMMON TO MORE THAN ONE CAUSE OF ACTION
Ground Transportation in San Francisco
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17. In San Francisco, three types of private for-hire ground transportation existed prior to
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July 2012: Passenger stage corporations (“PSCs”), which are shuttles driven by commercially
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licensed drivers; charter-party carriers (“TCPs”), which are limousines and luxury sedans driven by
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commercially licensed drivers; and taxicabs, which are driven by specially permitted drivers.
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18. PSCs and TCPs are licensed and regulated by the California Public Utilities
22
Commission (“CPUC”). PSCs provide shuttle transportation service to the general public on fixed
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routes or through scheduled service. TCPs are hired on a prearranged basis through a TCP-permitted
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company for the exclusive use of an individual or group. There is no limit on the number of PSCs or
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TCPs that may operate in the City of San Francisco, and no limit is set on the fees that PSCs or
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TCPs may charge to passengers.
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COMPLAINT
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19. Taxicabs are permitted and regulated by the San Francisco Municipal Transportation
2
Agency (“SFMTA”). Working within the confines of the regulations established by the SFMTA and
3
the San Francisco Transportation Code, the taxicab industry provides ride-hail ground transportation
4 services originating in the City and County of San Francisco through smartphone applications,
5 telephone dispatch, and street hails.
6 20. FLYWHEEL TAXI is a taxicab company that has been operating in the San
7 Francisco Ride-Hail Market since the 1930s.
8 21. Prior to July 2012, UBER offered transportation services in San Francisco by
9 commercially licensed drivers in TCP-licensed vehicles.
10 22. On July 4, 2012, UBER entered the San Francisco Ride-Hail Market with the launch
11 of “UberX,” which offered transportation in non-TCP-licensed vehicles. With the launch of UberX,
12 UBER entered into direct competition with taxicab companies, including FLYWHEEL TAXI, for
13 drivers and consumers of ride-hail transportation services in San Francisco.
14 23. UBER expanded its presence in the San Francisco Ride-Hail Market on May 12, 2014
15 with the launch of “UberXL.”
16
24. From July 2012 through the present date, the taxicab industry has experienced an
approximately 65 percent decline in ridership and has lost more than 30 percent of its drivers as a
17
result of UBER’s illegal actions as explained below.
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25. As a result of the decline in ridership and loss of drivers caused by UBER’s illegal
19
actions as explained below, FLYWHEEL TAXI has suffered substantial monetary losses between
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July 2012 and the present date.
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UBER’s History in San Francisco
22
26. UBER began operations in San Francisco in approximately June 2010 as “UberCab.”
23
UberCab provided ride-hail transportation service in full-size luxury vehicles. The luxury vehicles
24
were TCP-licensed and driven by commercially licensed drivers. UBER conceived of its luxury
25
vehicle service as one that would be used as a status symbol for people who wanted to be “ballers” in
26
San Francisco.
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COMPLAINT
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27. In October 2010, UberCab was ordered to cease and desist operations by local and
2 state agencies due, in part, to the agencies’ findings that UBER was using limousines, town cars, and
3 other luxury vehicles to provide taxi services in violation of San Francisco’s Transportation Code and
4 California law.
5 28. UBER responded by dropping the name “Cab” from the company name and
6 continuing to provide luxury car services known as “UberBlack.” UBER charged a base rate of $8.00
7 plus $4.90 per mile and $1.25 per idle minute for UberBlack service.
8 29. On July 4, 2012, UBER launched “UberX” in San Francisco. UBER promoted its
9 UberX service as its lower cost alternative to UberBlack. UberX prices were initially set higher than
10 those charged by taxicabs but lower than UberBlack.
11 30. On July 4, 2012, UBER also launched “UberSUV” in San Francisco as a premium
12
service for larger groups. UberSUV services are provided by commercially licensed drivers in TCP-
licensed luxury vehicles. UberSUV rates are higher than those charged for UberBlack due to the
13
additional passenger capacity offered by UberSUV vehicles.
14
31. On October 17, 2012, UBER launched UberTaxi, which allows users to request a
15
licensed taxicab through UBER’s smartphone application. UBER charged the taximeter rates, plus a
16
$1.00 booking fee and added an automatic 20 percent gratuity to the total fare.
17
32. On May 12, 2014, UBER launched “UberXL,” which was promoted as its “Low-Cost
18
SUV Option.” UberXL drivers are not commercially licensed, and UberXL vehicles are not TCP-
19
licensed. UberXL is approximately 50 percent less expensive than UberSUV.
20
UBER’s Business Model
21
33. UBER formed in 2009 with seed funding of approximately $200,000. Since then,
22
UBER has raised more than $15 billion in private venture capital funding.
23
34. UBER’s revenue is generated by taking a percentage of the money paid by passengers
24
for rides booked through the UBER smartphone application. The amount charged to the passenger for
25 each ride is determined by a GPS-based system that, just like a meter in a taxicab, measures the time
26 and distance traveled during each trip.
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COMPLAINT
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35. At the conclusion of each trip, the passenger’s credit card is charged by UBER. UBER
2 withholds its percentage as commission and deposits the remainder into each driver’s bank account
3 on a weekly basis. The standard percentage currently taken by UBER is 25 percent of the total
4 amount charged to the passenger, though the amount may vary from 0 percent to 30 percent.
5 36. In October 2011, UBER implemented a new policy called “surge pricing,” which
6 results in an automatic price increase during times of actual or anticipated increases in demand. Surge
7 pricing has resulted in passengers being charged up to eight (8) times the advertised fare during times
8 of natural and national emergencies and has led to numerous accusations of price gouging.
9 37. From the time of its founding until July 2012, UBER’s service was promoted as a
10 luxury service, and its business model was centered on the premise that passengers were willing to
11 pay more for an Uber than for a taxi because UBER offered higher quality transportation services.
12
38. Beginning in July 2012, UBER shifted its focus from providing luxury TCP-licensed
transportation service and entered the San Francisco Ride-Hail Market with UberX.
13
39. UBER drivers must provide their own personal vehicles and personal liability
14
insurance to be approved to drive for UBER. UBER requires that driver applicants submit a picture of
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their vehicle – which must be an UBER-approved make and model, must carry at least four
16
passengers, must not be more than 10 to 15 years old, and must not have any scratches or dents in the
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body – as well as proof of personal insurance on the vehicle at the time of application.
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40. By requiring drivers to maintain personal insurance, UBER pushes many of the
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liability risks inherent in providing ride-hail transportation to UBER drivers. The risk is also
20
transferred to UBER passengers and third-parties such as pedestrians, who may be left without any or
21
sufficient recourse if they are injured as a result of an UBER driver’s actions due to the absence of an
22
adequate insurance policy to provide coverage.
23
41. Additional costs associated with driving a vehicle include maintenance, cleaning, and
24 depreciation of the vehicle. Depending on the amount of time and number of miles driven, the cost of
25 maintenance, cleaning, and service of the vehicle can range from $500 per month to more than
26 $1,500 per month.
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COMPLAINT
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42. Additional costs include data usage rates for streaming music UBER offers to
2 passengers through the driver’s personal cell phone, $10 a week for use of UBER’s iPhone
3 containing the UBER application, toll charges incurred when transporting UBER passengers, and
4 tickets and citations issued for operating UBER as an unauthorized taxi service.
5 43. Beginning in November 2013, UBER implemented a plan to push additional costs to
6 drivers while ensuring drivers would be unable to stop driving for UBER through the “Vehicle
7 Solutions Program.” Through the program, UBER “connects drivers with any kind of credit history to
8 the best financing options available” from subprime lenders in order to purchase an UBER-approved
9 vehicle. At least one of UBER’s “partner” lenders is currently under federal investigation for its auto
10 lending and underwriting practices.
11 44. To enroll in the Vehicle Solutions Program, the driver makes an initial cash deposit of
12
approximately $2,000. The driver’s car payments are then automatically deducted from his or her
weekly earnings before UBER deposits them in the driver’s bank account. At interest rates as high as
13
25 percent, UberX drivers pay between $700 and $1,000.00 per month until the loan is paid in full,
14
resulting in drivers often paying nearly double the sticker price of the car. The program works,
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according to UBER CEO Travis Kalanick, to ensure that UberX drivers continue driving for UBER.
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45. Beginning in July 2015, UBER added a new program, Xchange Leasing, through
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which UBER offers subprime automobile leases to UBER drivers with poor credit. UBER markets
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Xchange Leasing as offering “low” car payments that are deducted from the driver’s weekly earnings
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and a leasing program that is “flexible.” In reality, the subprime rates charged to UBER drivers with
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poor credit are two to three times the amount charged by car dealerships and include hidden fees and
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cancellation penalties.
22
46. Despite a business model that unabashedly shifts the risks of doing business to its
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drivers and lures drivers to a modern-day form of indentured servitude, UBER has yet to turn a profit.
24 Propped up by billions of dollars in venture capital, UBER has lost and continues to lose hundreds of
25 millions of dollars each year due to its predatory pricing practices.
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COMPLAINT
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Beyond “Disruption” – UBER’s Anticompetitive Conduct
2
47. In 2010 and 2011, UBER advertised the prices for its luxury-vehicle transportation
3 service as the premium charged for a better service than that offered by the taxicab industry. In a
4 lengthy 2011 blog post, UBER explained: “We do cost more than a cab. But we offer more than a
5 cab: reliability, user support, and of course style and comfort … Uber may cost more, but … Uber’s
6 benefits far outweigh the extra costs.” (emphasis in original UBER website posting.) At the time,
7 UBER charged a base rate of $8.00 plus $4.90 per mile and $1.25 per idle minute for UberBlack
8 luxury vehicles.
9 48. In July 2012, UBER launched UberX in San Francisco at prices higher than taxicab
10 rates but lower than UberBlack rates. UBER promoted UberX as its lower cost alternative to
11 UberBlack. In July 2012, UberX cost $5.00 for the base rate, $3.25 per mile, and $.75 for each idle
12 minute in San Francisco.
13
49. As demand for UberX increased between July 2012 and June 2013, UBER increased
the base rate for UberX services in San Francisco to $5.75, the per-mile rate to $3.75, and the per-
14
minute rate to $.85.
15
50. In June 2013, UBER drastically lowered the price of its UberX service in San
16
Francisco and incorrectly announced that “effective today, uberX prices are 10 percent lower than
17
taxi prices.” (emphasis in original UBER website posting.) UBER promoted UberX as the “new
18
UberX” that offered “cheaper-than-taxi pricing.”
19
51. In reality, the June 2013 price cut brought UberX prices into parity with the taxicab
20
industry’s 2013 prices: $3.50 for the base fare, $2.75 for each additional mile, and $.55 for each
21
minute of waiting or traffic delay time.
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52. UBER lost money on each and every UberX ride provided in the San Francisco Ride-
23
Hail Market after reducing prices in June 2013.
24
53. Six months later, in January 2014, UBER “temporarily” slashed UberX prices in San
25 Francisco by an additional 20 percent explaining that “we’re going all-in on being the cheapest ride
26 in town” and claiming to offer fares 26 percent cheaper than taxicabs.
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COMPLAINT
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54. The new rates charged for UberX after the January 2014 price cuts were $3.00 for the
2 base fare, $1.50 per mile, and $.30 per idle minute.
3 55. At the same time it lowered UberX rates in January 2014, UBER reduced its
4 commission on each UberX ride by 75 percent (from 20 percent to 5 percent) to subsidize the income
5 lost by UberX drivers due to the price cuts.
6 56. UBER lost money on each and every UberX ride under the pricing structure
7 implemented in January 2014.
8 57. In April 2014, UBER restored its commission on UberX rides to 20 percent but did
9 not return UberX prices to pre-January levels, leading the drivers to suffer a 15 percent reduction in
10 income compared to three months earlier. Though it claimed the January 2014 price cuts would be
11 “temporary,” UberX prices never returned to pre-January 2014 levels.
12
58. In May 2014, UBER launched UberXL, which it advertised as its “low-cost SUV
option.” UberXL prices were: $5.00 for the base fare, $2.15 per mile, and $.45 per idle minute.
13
UBER lost money on each and every UberXL ride under the pricing structure implemented in May
14
2014.
15
59. In June 2014, UBER further reduced UberX prices by 25 percent. UBER emailed its
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San Francisco users and advertised through its San Francisco blog: “We just dropped uberX fares by
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25 percent, making it 45 percent cheaper than a taxi. In San Francisco … and everywhere else in the
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Bay Area, uberX is the most affordable ride on the road.”
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COMPLAINT
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60. To ensure the public would not miss the drastic, if overrepresented, undercutting of
2 the prices charged by the taxicab industry, UBER included the following graphic:
3
10
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21 61. UBER subsidized the June 2014 round of price cuts by paying its drivers more than
22 UBER charged passengers under the new pricing program. Though UberX passengers paid only 75
23 percent of the January 2014 rates due to the 25 percent price-reduction, UBER continued to pay
24 UberX drivers 80 percent of the January 2014 rates – meaning UBER paid the entire amount
25 collected from the passenger plus an additional 5 percent for each UberX ride.
26 62. When UBER stopped subsidizing UberX drivers’ income in the San Francisco Ride-
27 Hail Market in September 2014, drivers lost an additional 25 percent of their income due to the price
28 cuts.
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COMPLAINT
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63. The June 2014 price cuts lowered UberX prices to $2.20 for the base fare, $1.30 per
2 mile, and $.26 per idle minute. UBER lost money on each and every UberX ride under the pricing
3 structure implemented in June 2014.
4 64. UBER further reduced prices of UberX in January 2016 to $2 for the base fare, $1.15
5 per mile, and $.22 per idle minute. UBER has experienced and continues to experience a loss on each
6 and every UberX ride under the pricing structure implemented in January 2016.
7 65. In January 2016, UBER reduced UberXL prices to: $3 for the base fare, $2 per mile,
8 and $.30 per idle minute. UBER has experienced and continues to experience a loss on each and
9 every UberXL ride provided in the San Francisco Ride-Hail Market.
10 66. In August 2016, UBER instituted a program called Uber Plus. In San Francisco, Uber
11 Plus passengers pay $30 per month in return for 40 UberX rides per month at the flat rate of $8 per
12
ride, resulting in a total fare of $8.75 for each UberX ride provided by UBER.
67. UBER subsidizes the difference between the flat rate charged to passengers and the
13
normal rates earned by drivers by paying drivers more than UBER receives from the passengers,
14
resulting in additional losses for UBER for each and every ride taken.
15
68. Beginning in at least January 2014 and continuing through the present date, UBER has
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lost and continues to lose money on each and every UberX and UberXL ride provided in the San
17
Francisco Ride-Hail Market.
18
69. Throughout this time, UBER has also artificially increased prices of taxicabs through
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its UberTaxi application, which allows a user to hail a taxicab but only at rates higher than those
20
allowed by the SFMTA. Despite UBER’s assertion that the service was offered to provide customers
21
more “choice,” the service has improperly inflated taxicab fares.
22
70. UBER has been able to maintain below-cost pricing for its UberX and UberXL
23
services in the San Francisco Ride-Hail Market due to vast reserves of capital invested with the
24 expectation of reaping extraordinary future returns.
25 71. In adopting this approach, UBER has veered from free market principles and
26 artificially deflated fares of UberX and UberXL to prices below cost in an effort to drive competitors
27
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COMPLAINT
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of UberX and UberXL from the market in the hope of recouping its losses once UBER’s competition
2 has been destroyed.
3 72. UBER’s intent to monopolize the San Francisco Ride-Hail Market and injure
4 competitors has been made clear through the statements of its CEO Travis Kalanick and UBER’s
5 advertising highlighting its unilateral price war in the San Francisco Ride-Hail Market.
6 73. UberX is advertised as “everyday cars for everyday use” that are “better, faster, and
7 cheaper than a taxi,” and UBER’s San Francisco website advertises that its “fares are usually cheaper
8 than a taxi.” UBER’s San Francisco webpage links to the SFMTA website, where San Francisco
9 taxicab rates are published so consumers can compare UberX and UberXL prices to San Francisco
10 taxicab prices.
11 74. UBER CEO Travis Kalanick has repeatedly stated in public speeches that UBER
12
intends to “destroy” all of its competitors and has made clear that UBER is doing so through below-
cost pricing of UberX and UberXL services.
13
75. Propped up by billions of dollars in venture capital that allow it to operate at enormous
14
losses due to below-cost pricing, UBER has captured more than 70 percent of the San Francisco
15
Ride-Hail Market. Left unchecked, UBER is likely to succeed in establishing complete domination of
16
the market by forcing out all competitors through its predatory pricing practices. Once its competitors
17
have been removed, UBER, free of the constraints of competition, will be free to implement
18
unfettered price increases for its services, and consumers will be left with no choice but to pay the
19
prices – however exorbitant – demanded by UBER.
20
UBER’s Wrongful, Illegal & Unfair Practices
21
UBER’s Misrepresentations to Drivers
22
False Statements about Uber Drivers’ Hourly Income
23
76. In June 2013, UBER represented to current and prospective UberX drivers that they
24
would earn more money per hour as a result of UBER’s June 2013 price reduction for UberX
25 services.
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COMPLAINT
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77. In January 2014, UBER represented to current and prospective UberX drivers that
2 they would earn more money per hour as a result of UBER’s January 2014 price reduction for UberX
3 services.
4 78. In June 2014, UBER represented to current and prospective UberX drivers that they
5 would earn more money per hour as a result of UBER’s June 2014 price reduction for UberX
6 services.
7 79. In reality, UberX drivers earned less money on a per-hour basis despite performing
8 more work after each of UBER’s price cuts than they earned before each of UBER’s price cuts.
9 80. In reliance on UBER’s misrepresentations, thousands of former and potential San
10 Francisco taxicab drivers have quit or foregone driving taxicabs and assumed monthly car payments
11 with the expectation of earning increased amounts of income on a per-hour basis. Having incurred the
12
costs and long-term financial commitments required to become an UberX driver, the drivers are left
with no choice but to continue driving for UBER despite a decreasing rate of return.
13
False Statements about Uber Drivers’ Annual Income
14
81. Beginning in May 2014 and continuing through the present date, UBER has
15
represented to current and potential UberX drivers that half of UberX drivers in the San Francisco
16
Ride-Hail Market earn more than $74,000 per year driving for UBER.
17
82. In reality, more than half of full-time UberX drivers in the San Francisco Ride-Hail
18
Market make less than approximately $35,000 in gross earnings per year and incur costs exceeding
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approximately $15,000 per year.
20
83. In reliance on UBER’s representations, thousands of former and potential San
21
Francisco taxicab drivers have quit or foregone driving taxicabs and assumed monthly car payments
22
with the expectation of earning approximately $74,000 per year driving an UberX vehicle. Having
23
incurred the costs and long-term financial commitments required to become an UberX driver, drivers
24 are left with no choice but to continue driving for UBER despite the paltry annual income actually
25 earned.
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COMPLAINT
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False Statements about Uber Drivers’ Proportional Income
2 84. Beginning in June 2013 and continuing through the present date, UBER has
3 represented to current and potential UberX and UberXL drivers in San Francisco that they would earn
4 80 percent of all fares collected from their passengers and that UBER would provide free
5 smartphones to them.
6 85. In reality, UBER began deducting $10.00 per week from drivers’ earnings in
7 September 2014 for the use of its smartphone and began confiscating a $1.00 “safe rides” fee that
8 was previously paid to UberX and UberXL drivers. As a result, UberX and UberXL drivers receive
9 far less than 80 percent of the total fares collected from their passengers.
10 86. In reliance on UBER’s misrepresentations, thousands of former and potential San
11 Francisco taxicab drivers have quit or foregone driving taxicabs and assumed monthly car payments
12
with the expectation of earning 80 percent of all fares collected from their passengers. Having
incurred the costs and long-term financial commitments required to become an UberX or UberXL
13
driver, drivers are left with no choice but to continue driving for UBER despite the reduced
14
proportional income actually earned.
15
False Statements about Taxicab Drivers’ Income
16
87. UBER represents to current and potential UberX and UberXL drivers that taxicab
17
drivers live below the poverty line and are required to spend $3,500 per month to lease their taxicab.
18
88. In reality, full-time taxicab drivers in the San Francisco Ride-Hail Market made
19
approximately $6,000.00 per month in gross earnings before UBER began engaging in
20
anticompetitive conduct and paid approximately $1,900.00 per month to lease the vehicles.
21
89. Relying on UBER’s misrepresentations, thousands of potential San Francisco taxicab
22
drivers assumed the financial responsibilities, risks, and commitments associated with driving for
23
UBER rather than choosing to drive a taxicab.
24 90. In reliance on UBER’s misrepresentations, thousands of potential San Francisco
25 taxicab drivers have foregone driving taxicabs and assumed monthly car payments with the
26 expectation of making more money driving for UBER than would be made driving a taxicab. Having
27 incurred the costs and long-term financial commitments required to become an UberX or UberXL
28
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COMPLAINT
- 15 -
1
driver, drivers are left with no choice but to continue driving for UBER despite the paltry annual
2 income actually earned.
3 UBER’s Misrepresentations to the Public
4 False Statements about UberX Prices Relative to Taxi Prices
5 91. In June 2013, UBER falsely stated to the public that UberX prices were “10 percent
6 lower than taxi prices.” In reality, UberX prices were not lower than taxicab vehicle prices but were
7 exactly equal to taxicab prices in the San Francisco Ride-Hail Market after UBER’s June 2013 price
8 cuts.
9 92. In January 2014, UBER falsely stated to the public that UberX prices were 26 percent
10 lower than taxi prices. In reality, UberX prices were 15 percent lower than taxicab prices in the San
11 Francisco Ride-Hail Market after UBER’s January 2014 price cuts.
12
93. In June 2014, UBER falsely stated to the public that it dropped UberX prices by 25
percent and that the price reduction made UberX prices 45 percent lower than taxi prices. In reality,
13
UberX prices were decreased by 18 percent, making them 38 percent lower than taxicab prices in the
14
San Francisco Ride-Hail Market after UBER’s June 2014 price cuts.
15
94. Throughout this time and continuing through the present date, purchasers of ride-hail
16
services in San Francisco have relied on and have been deceived by UBER’s representations
17
regarding UberX prices relative to San Francisco taxicab prices when selecting UberX instead of
18
UBER’s taxicab competitors.
19
False Statements about Surge Pricing
20
95. Beginning in June 2013 and continuing through December 2013, UBER advertised
21
UberX prices in San Francisco as $3.50 for the base fare, $2.75 per additional mile, and $.55 per idle
22
minute.
23
96. Beginning in January 2014 and continuing through June 2014, UBER advertised
24 UberX prices in San Francisco as $3.00 for the base fare, $1.50 per additional mile, and $.30 per idle
25 minute.
26 ////
27 ////
28
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COMPLAINT
- 16 -
1
97. Beginning in July 2014 and continuing through December 2015, UBER advertised
3 minute.
4 98. Beginning in January 2016 and continuing through the present date, UBER advertised
6 minute.
7 99. In reality, beginning in June 2013 and continuing through the present date, UBER has
8 charged UberX customers “surge” rates at amounts not included in the advertised rates. UBER’s
9 “surge” pricing results in passengers being charged up to eight (8) times the rates advertised by
10 UBER.
11 100. Beginning in June 2013 and continuing through the present date, purchasers of ride-
12
hail services in San Francisco have relied on and have been deceived by the advertised rates when
selecting UberX instead of UBER’s competitors.
13
False Statements about Tipping & Total Fares Charged to Passengers
14
101. Beginning in at least November 2011 and continuing through April 2016, UBER
15
consistently and repeatedly falsely stated that the fare charged to the customer through the UBER
16
smartphone application for UberX and UberXL services “includes the tip.”
17
102. In reality, the fare charged to passengers never included a tip and UBER did not
18
provide the driver with a tip despite the fact that tipping is a common and expected practice in the
19
San Francisco ride-hail industry.
20
103. Continuing through at least June 2016, purchasers of ride-hail services have relied on
21
and have been deceived by UBER’s misrepresentations when comparing the prices of UberX and
22
UberXL to those of UBER’s taxicab competitors.
23
False Statements about Vehicle Locations & Response Times
24 104. Through its smartphone application, UBER provides a visual depiction of nearby
25 UberX and UberXL vehicles currently available to accept requests from passengers. The application
26 also provides an estimate of the time it will take for a driver to reach the passenger when the
27 passenger requests a ride. From June 2012 and continuing through the present date, UBER advertised
28
_________________________________________________________________________________________________
COMPLAINT
- 17 -
1
this function as real-time tracking of UberX vehicles available for hire. From May 2014 and
2 continuing through the present date, UBER advertised this function as real-time tracking of UberXL
3 vehicles available for hire.
4 105. In reality, the UBER application did not and does not accurately represent the UberX
5 and UberXL vehicles available to pick up passengers. The application overstates the number and
6 understates the proximity of available vehicles. When an order is placed through the application, the
7 application significantly underestimates the time it will take for an UberX or UberXL driver to reach
8 the passenger, leading to longer wait times than represented.
9 106. Throughout this time and continuing through the present date, purchasers of ride-hail
10 services in San Francisco have relied on and have been deceived by UBER’s false statements
11 regarding the number and proximity of available vehicles and estimated wait times when selecting an
12
UberX or UberXL vehicle over those of UBER’s taxicab competitors.
False Statements about Safety
13
107. Beginning in at least June 2013 and continuing through April 2016, UBER falsely
14
stated that it conducted “rigorous” background checks on UBER drivers that “set a new standard” to
15
ensure the safety of passengers. UBER represented its drivers “provide[d] the safest ride on the road”
16
and were “the gold standard” of safety practices.
17
108. In reality, UBER’s background checks were and are inferior to those required for
18
taxicab drivers, who are required to submit to fingerprinting and LiveScan, which searches a national
19
database of records. UBER’s deficient background check process has allowed registered sex
20
offenders, identity thieves, and a convicted murderer drive for UberX and led to numerous assaults
21
and injuries of UberX passengers.
22
109. Throughout this time and continuing through the present date, purchasers of ride-hail
23
services in San Francisco have been deceived by and have relied on UBER’s misrepresentations
24 regarding safety when choosing UberX and UberXL services over those of UBER’s taxicab
25 competitors.
26 ////
27 ////
28
_________________________________________________________________________________________________
COMPLAINT
- 18 -
1
UBER’s Illegal & Unfair Conduct
2 UBER’s Violations of Federal Law
3 110. The Americans with Disabilities Act prohibits private for-hire transportation
4 companies from discriminating against any individual with a disability and requires that private for-
5 hire transportation companies provide readily accessible vehicles for individuals with disabilities,
6 train personnel to provide proficient service to disabled individuals, assist with the stowing of
7 mobility devices, and allow service animals to accompany people with disabilities. In contravention
8 of federal law and continuing from UBER’s inception through the present date, UBER has
9 discriminated against individuals with disabilities by providing services only through smart-phone
10 applications that require credit card payment, thereby excluding from UBER services all disabled
11 individuals of limited financial means, and has further refused to provide readily accessible vehicles
12
for disabled individuals, refused to train personnel to provide proficient service to disabled
individuals, refused to assist with the stowing of mobility devices, and, until April 2016, refused to
13
allow service animals to accompany disabled individuals.
14
UBER’s Violations of California State Law
15
111. The Unruh Civil Rights Act prohibits business establishments from discriminating on
16
the basis of race and requires that all businesses in California provide full and equal accommodations,
17
advantages, facilities, privileges and services without regard to race. In contravention of state law and
18
continuing from UBER’s inception through the present date, UBER has discriminated against non-
19
white passengers by refusing, and allowing its agents to refuse, to offer non-white passengers free
20
and full access to UBER vehicles.
21
112. From September 2013 through July 2015, UBER was required to maintain commercial
22
insurance that provided a minimum of $1 million per incident in liability coverage. In contravention
23
of California law, UBER forced its drivers to maintain their own insurance policies to provide
24 primary coverage while offering a “contingent” policy that did not provide full coverage at all times
25 the vehicle was in use.
26 113. California regulatory authorities require that for-hire vehicles be registered as
27 commercial vehicles. UBER refuses to allow drivers to register UberX and UberXL vehicles as
28
_________________________________________________________________________________________________
COMPLAINT
- 19 -
1
commercial vehicles and has deactivated the UBER accounts of UberX and UberXL drivers who
2 registered their vehicles as commercial vehicles in defiance of UBER’s instruction. By mandating
3 that UberX and UberXL vehicles be registered as personal rather than commercial vehicles, UBER is
4 operating, and requires that its drivers operate, in direct violation of California law.
5 114. UBER is required by California regulatory authorities and statute to ensure that all
6 drivers are safely operating UberX and UberX vehicles by establishing a driver training program.
7 UBER has failed and refused to establish or provide a driver training program for UberX and
8 UberXL drivers. Instead, UBER offers a 16-minute YouTube video that demonstrates how to operate
9 the UBER smartphone application and refers potential drivers to an optional $65.00 course offered by
10 a third party.
11 UBER’s Violations of San Francisco Municipal Law
12
115. San Francisco municipal law requires that private vehicles providing ride-hail services
in the City and County of San Francisco must comply with the SFMTA’s rules regarding taxicab
13
vehicles contained in sections 300 and 1100 of the San Francisco Transportation Code. Beginning in
14
July 2012 and continuing through the present date, UBER has refused and continues to refuse to
15
abide by San Francisco municipal law regulating taxicab vehicles.
16
116. San Francisco’s municipal law requires private vehicles providing ride-hail services in
17
the City and County of San Francisco must comply with the regulations adopted by San Francisco
18
International Airport. San Francisco International Airport requires all vehicles providing ride-hail
19
services to register with and be permitted by the airport. Beginning in at least July 2012 and
20
continuing through October 2014, UBER failed and refused to register its vehicles or apply for
21
permits with the San Francisco International Airport.
22
117. San Francisco’s Transportation Code requires private vehicles providing ride-hail
23
services in the City and County of San Francisco to provide liability insurance of no less than $1
24 million per incident that covers property damages as well as personal injury for the driver,
25 passengers, and third parties caused any time the vehicle is in use. In contravention of San Francisco
26 municipal law, beginning in July 2012 and continuing through the present date, UBER refused and
27 continues to provide liability insurance of at least $1 million to protect drivers, passengers, and third
28
_________________________________________________________________________________________________
COMPLAINT
- 20 -
1
parties from injuries caused by a driver of an UberX or UberXL vehicle at all times the vehicle is in
2 use.
3 118. San Francisco’s Transportation Code requires private vehicles providing ride-hail
4 services in the City and County of San Francisco to participate in the city’s Paratransit program and
5 remain in compliance with the regulations of the SFMTA’s Paratransit program. In contravention of
6 San Francisco municipal law beginning in at least July 2012 and continuing through the present date,
7 UBER has refused and continues to refuse to participate in the Paratransit program and is not and has
8 not been in compliance with the regulations of the Paratransit program.
9 119. San Francisco’s Transportation Code prohibits private vehicles providing ride-hail
10 services in the City and County of San Francisco from charging passengers more than SFMTA-
11 approved “meter rates,” which cap the amount a taxicab may charge a passenger for the base fare,
12 distance driven, and wait time. Beginning in at least July 2012 and continuing through the present
13 date, UBER has charged passengers in excess of SFMTA-approved rates through a practice referred
14 to by UBER as “surge pricing.”
15 120. San Francisco’s Transportation Code requires all private vehicles providing ride-hail
16 services in the City and County of San Francisco to be associated with a medallion issued by the
17
SFMTA. Beginning in at least July 2012 and continuing through the present date, UBER has refused
18
and failed to associate any of its UberX or UberXL vehicles with a city-issued medallion.
121. San Francisco’s Transportation Code caps the amount ride-hail services in the City
19
and County of San Francisco may charge drivers for daily lease fees. Beginning in July 2015 and
20
continuing through the present date, UBER has charged drivers far in excess of the maximum daily
21
lease fee that may is authorized under the Transportation Code.
22
122. San Francisco’s Transportation Code requires private vehicles providing ride-hail
23
services in the City and County of San Francisco to be equipped with a two-way communication
24
device, paratransit debit card processing system, high speed printer, decals indicating the taxicab
25
company name, and a light attached to the vehicle indicating the vehicle is a taxicab. Beginning in
26
July 2012 and continuing through the present date, UBER has failed and continues to fail to equip its
27
vehicles with a two-way communication device, paratransit debit card processing system, high speed
28
_________________________________________________________________________________________________
COMPLAINT
- 21 -
1
printer, decals indicating UBER’s company name, and a light attached to each vehicle in its fleet
2 indicating the vehicle is a taxicab.
3 123. San Francisco’s Transportation Code requires ride-hail companies to provide a
4 telephone dispatch service and advertise a phone number that can be called by passengers to request
5 transportation. In contravention of San Francisco municipal law, beginning in at least July 2012 and
6 continuing through the present date, UBER has failed and continues to fail to provide a telephone
7 dispatch service or advertise a phone number that can be called by passengers to request
8 transportation.
9 124. UBER has employed these unfair and illegal methods to obtain an unfair advantage
10 over FLYWHEEL TAXI and the ride-hail industry as a whole, leaving FLYWHEEL TAXI and the
11 ride-hail industry unable to fairly compete for customers in the San Francisco market.
12 FIRST CAUSE OF ACTION

MONOPOLIZATION
13 (SHERMAN ANTITRUST ACT, 15 U.S.C. § 2)
14 (Against all Defendants)
125. The purpose of this country’s antitrust laws is to preserve and advance our system of
15
free and open competition and to secure to everyone an equal opportunity to engage in business,
16
trade, and commerce for the purpose of ensuring that the consuming public may receive better goods
17
and services at lower cost.
18
126. The Sherman Antitrust Act prohibits the acquisition or maintenance of monopoly
19
power within any part of interstate or foreign trade or commerce where such power harms
20
competition and injures consumers.
21
127. The San Francisco Ride-Hail Market is a valid antitrust market.
22
128. Through the actions described in paragraphs 47 to 75, UBER has willfully acquired
23
and maintained monopoly power in the San Francisco Ride-Hail Market. UBER’s anticompetitive
24
conduct has harmed competition in the San Francisco Ride-Hail Market and has caused and will
25 cause injury to consumers in the San Francisco Ride-Hail Market by allowing UBER to charge
26 supracompetitive prices for ride-hail services after its competition is eliminated.
27 ////
28
_________________________________________________________________________________________________
COMPLAINT
- 22 -
1
129. UBER’s anticompetitive conduct is in violation of the Sherman Antitrust Act, and the
2 injuries caused by UBER’s anticompetitive conduct are the type intended to be prevented by the Act.
3 130. There is no appropriate or legitimate business justification for UBER’s
4 anticompetitive conduct.
5 131. As a direct and proximate result of UBER’s anticompetitive conduct, FLYWHEEL
6 TAXI has suffered and continues to suffer damages in an amount to be proven at trial.
7 WHEREFORE, FLYWHEEL TAXI prays for relief as set forth herein.
8 SECOND CAUSE OF ACTION
9
ATTEMPTED MONOPOLIZATION
(SHERMAN ANTITRUST ACT, 15 U.S.C. § 2)
11 132. The purpose of this country’s antitrust laws is to preserve and advance our system of
12 free and open competition and to secure to everyone an equal opportunity to engage in business,
13
trade, and commerce for the purpose of ensuring that the consuming public may receive better goods
and services at lower cost.
14
133. The Sherman Antitrust Act prohibits anticompetitive conduct carried out for the
15
purpose of achieving monopoly power in any part of interstate or foreign trade or commerce.
16
134. The San Francisco Ride-Hail Market is a valid antitrust market.
17
135. Through the actions described in paragraphs 47 to 75, UBER has engaged in
18
exclusionary conduct through below-cost pricing carried out with the specific intent of achieving
19
monopoly power in the San Francisco Ride-Hail Market and of obstructing, restraining and excluding
20
competition.
21
136. There is a dangerous probability that UBER will achieve its goal of obtaining
22
monopoly power in the San Francisco Ride-Hail Market if it continues to engage in the conduct
23
described herein because UBER has sufficient market power to and actually does exclude its
24
competitors through the use of below-cost pricing.
25 137. There is a dangerous probability that UBER will recoup the losses it has incurred due
26 to below-cost pricing by charging supracompetitive prices once it has achieved its goal of excluding
27
28
_________________________________________________________________________________________________
COMPLAINT
- 23 -
1
and driving out competitors from the San Francisco Ride-Hail Market because significant barriers to
2 entry into the Ride-Hail Market exist.
3 138. There is no appropriate or legitimate business justification for UBER’s
4 anticompetitive conduct.
5 139. The anticompetitive conduct described herein is in violation of the Sherman Antitrust
6 Act, and the injuries caused by UBER’s anticompetitive conduct are the type intended to be
7 prevented by the Sherman Antitrust Act.
8 140. As a direct and proximate result of UBER’s attempt to achieve monopoly power
9 through anticompetitive conduct, FLYWHEEL TAXI has suffered and continues to suffer damages in
10 an amount to be proven at trial.
12 THIRD CAUSE OF ACTION

UNFAIR PRACTICES ACT – SALES BELOW COST
13 (Bus. & Prof. Code § 17043)
(Against all Defendants)
14
141. Pursuant to section 17043 of the California Business and Professions Code, it is
15
unlawful for a business to sell any article or product at less than the cost thereof, or to give away any
16
article or product, for the purpose of injuring competitors or destroying competition.
17
142. Transportation service is an “article or product” pursuant to Business and Professions
18
Code section 17024.
19
143. From June 2013 through December 2013, UBER charged $3.50 for the base fare,
20
$2.75 for each additional mile, and $.55 for each idle minute for UberX services in San Francisco.
21 144. From January 2014 through June 2014, UBER charged $3.00 base fare, $1.50 per
22 mile, and $.30 per idle minute for UberX services in San Francisco.
23 145. From July 2014 through December 2015, UBER charged $2.20 for the base fare,
24 $1.30 per mile, and $.26 per idle minute for UberX services in San Francisco.
25 146. From January 2016 and continuing through the present date, UBER charged and has
26 continued to charge $2.00 for the base fare, $1.15 per mile, and $.22 per idle minute for UberX
27 services in San Francisco.
28
_________________________________________________________________________________________________
COMPLAINT
- 24 -
1
147. From May 2014 through December 2015, UBER charged $5.00 for the base fare,
2 $2.15 per mile, and $.45 per idle minute for UberXL services in San Francisco.
4 continued to charge $3.00 for the base fare, $2.00 per mile, and $.30 per idle minute for UberXL
6 149. From June 2013 through the present date, UBER has sold each UberX service at a cost
7 below UBER’s cost in providing the service.
8 150. From May 2014 through the present date, UBER has sold each UberXL service at a
9 cost below UBER’s cost in providing the service.
10 151. UBER engaged and continues to engage in this activity for the express purpose of
11 injuring competitors and destroying competition.
12
152. As a direct and proximate result of the purposeful actions taken by UBER as described
herein, FLYWHEEL TAXI has suffered and continues to suffer damages in an amount to be proven
13
at trial.
14
WHEREFORE, FLYWHEEL TAXI prays for relief as set forth herein.
15
FOURTH CAUSE OF ACTION
16
UNFAIR PRACTICES ACT – LOSS LEADER PRACTICES
17 (Bus. & Prof. Code § 17044)
18
153. Pursuant to section 17044 of California’s Business and Professions Code, a business
19
may not offer to sell or sell a service at a price that is below the cost of providing the service for the
20
purpose of injuring competitors or destroying competition when the effect of the loss-leader is to
21 divert trade from or otherwise injure competitors.
22 154. Transportation service is an “article or product” pursuant to Business and Professions
23 Code section 17024.
24 155. From June 2013 through December 2013, UBER charged $3.50 for the base fare,
25 $2.75 for each additional mile, and $.55 for each idle minute for UberX services in San Francisco.
26 156. From January 2014 through June 2014, UBER charged $3.00 base fare, $1.50 per
27 mile, and $.30 per idle minute for UberX services in San Francisco.
28
_________________________________________________________________________________________________
COMPLAINT
- 25 -
1
157. From July 2014 through December 2015, UBER charged $2.20 for the base fare,
2 $1.30 per mile, and $.26 per idle minute for UberX services in San Francisco.
4 continued to charge $2.00 for the base fare, $1.15 per mile, and $.22 per idle minute for UberX
6 159. From May 2014 through December 2015, UBER charged $5.00 for the base fare,
7 $2.15 per mile, and $.45 per idle minute for UberXL services in San Francisco.
9 continued to charge $3.00 for the base fare, $2.00 per mile, and $.30 per idle minute for UberXL
11 161. Beginning in June 2013 and continuing through the present date, UBER has offered to
12
sell and has sold UberX services at a cost below UBER’s cost in providing the service.
162. From May 2014 through the present date, UBER has offered to sell and sold UberXL
13
services at a cost below UBER’s cost in providing the service.
14
163. UBER’s offers to sell and sale of UberX services below-cost had a tendency or
15
capacity to mislead or deceive purchasers and potential purchasers of UberX services by
16
misrepresenting the percentage by which UberX prices were reduced and the difference between
17
UberX and taxicab prices beginning in June 2013 and continuing to the present date.
18
164. UBER’s offers to sell and sale of UberXL services below-cost had a tendency or
19
capacity to mislead or deceive purchasers and potential purchasers of UberXL services by
20
misrepresenting the percentage by which UberXL prices were reduced and the difference between
21
UberXL and taxicab prices beginning in May 2014 and continuing to the present date.
22
165. UBER’s offers to sell and the sale of UberX and UberXL services at below-cost prices
23
diverted business from or otherwise injured UBER’s competitors.
24 166. As a direct and proximate result of the purposeful actions taken by UBER as described
25 herein, FLYWHEEL TAXI has suffered and continues to suffer damages in an amount to be proven
26 at trial.
28
_________________________________________________________________________________________________
COMPLAINT
- 26 -
1
FIFTH CAUSE OF ACTION
2 LANHAM ACT
(15 U.S.C. § 1125(a))
4 167. Pursuant to the Lanham Act, it is illegal to make false statements of fact in a
5 commercial advertisement about one’s own or a competitor’s products or services.
6 168. UBER is in commercial competition with FLYWHEEL TAXI.
7 169. UBER made false statements of fact regarding UberX drivers’ income as described in
8 paragraphs 76 to 86.
9
170. UBER made false statements of fact regarding taxicab drivers’ income as described in
paragraphs 87 to 90.
10
171. UBER made false statements of fact regarding UberX prices relative to taxi prices as
11
described in paragraphs 91 to 94.
12
172. UBER made false statements of fact regarding UberX prices as described in
13
14
173. UBER made false statements of fact regarding UberX vehicle locations and passenger
15
wait times as described in paragraphs 104 to 106.
16
174. UBER made false statements of fact regarding passenger safety as described in
17
18
175. UBER’s false statements have the tendency to deceive a substantial segment of
19
UBER’s audience, which is composed of consumers of ride-hail services in San Francisco.
20
176. UBER’s false statements actually deceived and continue to deceive a substantial
21 segment of UBER’s audience, which is composed of consumers of ride-hail ground transportation
23 177. The deception caused by each of UBER’s false statements is likely to influence and
24 has influenced the purchasing decisions of consumers of ride-hail services in San Francisco and
25 drivers providing ride-hail services in San Francisco.
26 ////
27 ////
28
_________________________________________________________________________________________________
COMPLAINT
- 27 -
1
178. UBER made each of the false statements of fact over the internet through its websites
2 (e.g., newsroom.uber.com, www.uber.com/cities/san-francisco), which affect and are a part of
3 interstate commerce.
4 179. Each and every one of UBER’s false statements of fact is commercial speech, was made
5 for the purpose of influencing customers to purchase UBER’s services, and was disseminated
6 sufficiently to consumers of ride-hail services in San Francisco to constitute advertising or promotion.
7 180. As a result of UBER’s false statements of fact as described herein, FLYWHEEL
8 TAXI has been and is likely to be injured through diversion of sales to UBER and by a lessening of
9 goodwill in amounts to be proven at trial.
11 SIXTH CAUSE OF ACTION

INTENTIONAL INTERFERENCE WITH PROSPECTIVE ECONOMIC RELATIONS
13 181. It is unlawful for an individual or business to intentionally interfere with an economic
14 relationship between two third parties when the relationship was likely to result in an economic
15 benefit to one or both of the parties.
16 182. FLYWHEEL TAXI had established economic relationships with numerous taxicab
17
drivers, each of which was substantially likely to result in future economic benefit to FLYWHEEL
TAXI.
18
183. UBER knew of FLYWHEEL TAXI’s economic relationships with the taxicab drivers.
19
184. UBER did not have a direct, significant, or legitimate interest in FLYWHEEL TAXI’s
20
relationship with the taxicab drivers.
21
185. Beginning in at least November 2014 and continuing through the present date, UBER
22
has engaged in wrongful conduct through below-cost pricing of its UberX and UberXL services as
23
described in paragraphs 47 to 75.
24
25
has engaged in wrongful conduct by making misrepresentations to current and potential UberX and
26
UberXL drivers as described in paragraphs 76 to 90.
27
////
28
_________________________________________________________________________________________________
COMPLAINT
- 28 -
1
2 has engaged in wrongful conduct by making misrepresentations to the public regarding UberX and
3 UberXL services as described in paragraphs 91 to 109.
4 188. Beginning in at least November 2014 and continuing through the present date, UBER
5 has engaged in wrongful conduct by violating numerous federal, state, and local laws that regulate
6 private ride-hail services as described in paragraphs 110 to 124.
7 189. UBER’s wrongful conduct was designed to disrupt the economic relationships
8 between FLYWHEEL TAXI and the taxi drivers.
9 190. UBER’s wrongful conduct was carried out with the substantial certainty that the
10 economic relationships between FLYWHEEL TAXI and the taxicab drivers would be disrupted.
11 191. UBER’s wrongful conduct has disrupted and continues to disrupt the relationships
12
between FLYWHEEL TAXI and the taxicab drivers.
192. As a direct and proximate result of UBER’s intentional and wrongful acts as described
13
herein, FLYWHEEL TAXI has suffered and continues to suffer damages in an amount to be proven
14
at trial.
15
193. UBER acted with malice, oppression, and fraud when UBER intentionally and in
16
conscious disregard of FLYWHEEL TAXI’s rights, engaged in predatory pricing practices, made
17
misrepresentations to the San Francisco public and current and potential drivers, and flouted federal,
18
state, and local laws regulating the ride-hail industry. UBER’s interference with FLYWHEEL
19
TAXI’s economic relationships was intentional, willful, and calculated to cause damages to
20
FLYWHEEL TAXI’s lawful business. The conduct of UBER was perpetrated with actual malice and
21
ill will toward FLYWHEEL TAXI and the taxi industry as a whole, and with the intentional and
22
improper purpose of causing damage, thereby entitling FLYWHEEL TAXI to punitive damages in an
23
amount to be proven and determined at trial.
25 ////
26 ////
27 ////
28
_________________________________________________________________________________________________
COMPLAINT
- 29 -
1 SEVENTH CAUSE OF ACTION

UNFAIR COMPETITION LAW – ILLEGAL & UNFAIR PRACTICES
2 (Bus. & Prof. Code § 17200, et seq.)
3
194. Pursuant to the Unfair Competition Law (Bus. & Prof. Code § 17200 et seq.), it is
4
unlawful for an entity to engage in unfair or illegal business activities.
5
195. Beginning in June 2013 and continuing through the present date, UBER has
6
committed acts of unfair competition, as defined by section 17200, et seq. of the California Business
7
and Professions Code.
8
196. As alleged herein and in violation of Business and Professions Code section 17200,
9
UBER, through its policies and practices described above, has committed and continues to commit
10
acts of unfair competition by engaging in the regular and customary practice of below-cost pricing of
11
UberX and UberXL services in violation of the Sherman Antitrust Act (15 U.S.C. § 2) and
12
California’s Unfair Practices Act (Bus. & Prof. Code § 17000, et seq.).
13 197. As alleged herein and in violation of Business and Professions Code section 17200,
14 UBER, through its policies and practices described above, has committed and continues to commit
15 acts of unfair competition by engaging in the regular and customary practice, of charging “surge”
16 prices despite advertising a base rate of $2.00, $1.15 per mile, and $.22 per minute for UberX in
17 violation of the Lanham Act (15 U.S.C. § 1125).
18 198. As alleged herein and in violation of Business and Professions Code section 17200,
19 UBER, through its policies and practices described above, has committed and continues to commit
20 acts of unfair competition by engaging in the regular and customary practice of charging “surge”
21 prices despite advertising a base rate of $3.00, $2.00 per mile, and $.30 per minute for UberXL
22 services in violation of the Lanham Act (15 U.S.C. § 1125).
23
199. As alleged herein and in violation of Business and Professions Code section 17200,
UBER, through its policies and practices described above, has committed and continues to commit
24
acts of unfair competition by engaging in the regular and customary practice of falsely advertising the
25
price of UberX and UberXL services relative to those of the taxicab industry in violation of the
26
Lanham Act (15 U.S.C. § 1125).
27
////
28
_________________________________________________________________________________________________
COMPLAINT
- 30 -
1
200. FLYWHEEL TAXI has suffered injury in fact and will continue to suffer injury as a
2 result of Defendants’ unfair acts of competition as described herein.
3 201. The unlawful conduct described herein is continuing and will continue unless and until
4 UBER is enjoined from engaging in such unfair and illegal conduct.
5 202. FLYWHEEL is entitled to injunctive relief enjoining Defendants from engaging in
6 conduct that constitutes unfair or illegal conduct in violation of California’s Business and Professions
7 Code.
9 PRAYER FOR RELIEF
10 WHEREFORE, FLYWHEEL TAXI prays for judgment on all causes of action against all
11 Defendants as follows:
12
AS TO THE FIRST CAUSE OF ACTION
13
1. For compensatory damages in amounts according to proof at the time of trial for all
14
harm suffered by Plaintiff from four years before the filing of the complaint to the date of trial,
pursuant to 15 U.S.C. § 15;
15
2. For additional damages in an amount equal to three times Plaintiff’s compensatory
16
damages pursuant to 15 U.S.C. § 15;
17
3. For immediate and permanent injunctive relief pursuant to 15 U.S.C. § 26 requiring
18
Defendants to cease all predatory practices including offering for sale and selling UberX and UberXL
19
services at below-cost prices; and
20
4. For attorneys’ fees and costs of suit pursuant to 15 U.S.C. § 15.
21
AS TO THE SECOND CAUSE OF ACTION
22
1. For compensatory damages in an amount according to proof at the time of trial for all
23
harm suffered by Plaintiff from four years before the filing of the complaint to the date of trial
24
pursuant to 15 U.S.C. § 15;
25
2. For additional damages in an amount equal to three times Plaintiff’s compensatory
26
damages pursuant to 15 U.S.C. § 15;
27
////
28
_________________________________________________________________________________________________
COMPLAINT
- 31 -
1
3. For immediate and permanent injunctive relief pursuant to 15 U.S.C. § 26 requiring
2
Defendants to cease all predatory practices including offering for sale and selling UberX and UberXL
3
services at below-cost prices; and
4 4. For attorneys’ fees and costs of suit pursuant to 15 U.S.C. § 15.
5 AS TO THE THIRD CAUSE OF ACTION
6 1. For compensatory damages in an amount according to proof at the time of trial for all
7 harm suffered by Plaintiff from three years before filing of the complaint to the date of trial pursuant
8 to California Business and Professions Code § 17070;
9 2. For additional damages in an amount equal to three times Plaintiff’s damages suffered
10 from one year prior to filing of the complaint to the date of trial pursuant to California Business and
11 Professions Code § 17082;
12 3. For immediate and permanent injunctive relief pursuant to California Business and
13 Professions Code § 17070 and §§ 17078 – 17081 enjoining Defendants from offering to sell and
14 selling UberX and UberXL services at below-cost prices where the purpose of such pricing practices
15 is to injure competitors and destroy competition; and
16 4. For attorneys’ fees and costs of suit pursuant to California Business and Professions
17 Code § 17082.
18 AS TO THE FOURTH CAUSE OF ACTION
20 past and future harm suffered by Plaintiff from three years before filing of the complaint through a
21 date to be determined pursuant to California Business and Professions Code § 17070;
22 2. For additional damages in an amount equal to three times Plaintiff’s damages suffered
23 from one year prior to filing of the complaint to the date of trial pursuant to California Business and
24 Professions Code § 17082;
25 3. For immediate and permanent injunctive relief pursuant to California Business and
26 Professions Code § 17070 and §§ 17078 – 17081 enjoining Defendants from offering to sell and
27 selling UberX and UberXL services as loss-leaders where the purpose of such pricing practices is to
28 injure competitors and destroy competition; and

_________________________________________________________________________________________________
COMPLAINT
- 32 -
1
4. For attorneys’ fees and costs of suit pursuant to California Business and Professions
2
Code § 17082.
3
AS TO THE FIFTH CAUSE OF ACTION
5 damages suffered by Plaintiff, pursuant to 15 U.S.C. § 1117;
6 2. For additional damages in an amount equal to three times Plaintiff’s compensatory
7 damages, pursuant to 15 U.S.C. § 1117;
8 3. For equitable relief in the form of disgorgement of profits and any additional amounts
9 the Court finds to be just, pursuant to 15 U.S.C. § 1117;
10 4. For an accounting of profits Defendants have made as a result of their false and
11 misleading statements as alleged herein, pursuant to 15 U.S.C. § 1117;
12 5. For immediate and permanent injunctive relief, pursuant to 15 U.S.C. § 1116,
13 enjoining Defendants from making false statements of fact regarding UberX prices, UberX prices
14 relative to taxi prices, and passenger safety;
15 6. For immediate and permanent injunctive relief, pursuant to 15 U.S.C. § 1116,
16 enjoining Defendants from making false statements of fact regarding UberX and UberXL drivers’
17 annual, hourly, and proportional income and from falsely advertising the income earned and expenses
18 incurred by San Francisco taxicab drivers; and
19 7. For attorneys’ fees and costs of suit due to the exceptional nature of this case pursuant
20 to 15 U.S.C. § 1117.
21 AS TO THE SIXTH CAUSE OF ACTION
23 past and future harm suffered by Plaintiff from two years before filing of the complaint through a
24 date to be determined pursuant to California Code of Civil Procedure § 335.1; and
25 2. For punitive damages pursuant to California Civil Code § 3294(a) in an amount
26 sufficient to punish and deter Defendants from engaging in wrongful conduct as alleged herein.
27 AS TO THE SEVENTH CAUSE OF ACTION
28 1. For disgorgement of all profits illegally obtained by Defendants through the wrongful
_________________________________________________________________________________________________
COMPLAINT
- 33 -
1
acts described above;
2
2. For permanent injunctive relief pursuant to Business & Professions Code § 17203
3
enjoining Defendants from selling UberX and UberXL services below-cost;
4 3. For permanent injunctive relief pursuant to Business & Professions Code § 17203
5 enjoining Defendants from charging “surge” prices while advertising lower rates;
7 requiring Defendants to comply with the Americans with Disabilities Act; and
9 requiring Defendants to comply with California’s Unruh Civil Rights Act.
10 AS TO ALL CAUSES OF ACTION
11 1. For all additional forms of relief to which Plaintiff is entitled pursuant to statute or that
12 justice and equity demand be awarded;
13 2. For pre- and post-judgment interest at the maximum legal rate pursuant to statute;
14 3. For costs of suit incurred herein; and
15 4. For such other and further relief as this Court may deem fair and just.
16 Dated: November 2, 2016 SEIBERT & BAUTISTA
17
18
/s/ Joe Bautista
19 Shannon Seibert
Joe Bautista
20 Attorneys for Plaintiff
21
DEMAND FOR JURY TRIAL
22
Plaintiff respectfully requests a jury trial on all issues so triable.
23
Dated: November 2, 2016 SEIBERT & BAUTISTA
24
25
26
/s/ Joe Bautista
Shannon Seibert
27 Joe Bautista
Attorneys for Plaintiff
28
_________________________________________________________________________________________________
COMPLAINT
- 34 -
JS 44 (Rev. 12/12) Case 3:16-cv-06385 Document 1-1 Filed 11/02/16 Page 1 of 2
Cand rev (1/15/13) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS
DESOTO CAB COMPANY, INC., d/b/a FLYWHEEL TAXI UBER TECHNOLOGIES, INC., a Delaware corporation; UBER USA, LLC, a
Delaware limited liability company; RASIER, LLC, a Delaware limited liability
company; RASIER-CA, LLC, a Delaware limited liability company; and DOES 1
through 100, inclusive
(b) County of Residence of First Listed Plaintiff San Francisco County of Residence of First Listed Defendant San Francisco
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Shannon Seibert (CBN 240317) ; Joe Bautista (CBN 255708)
Seibert & Bautista
22 Battery Street, Suite 888
San Francisco, CA 94111
(415) 954-9455
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
1 U.S. Government 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business In This State
2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a 3 3 Foreign Nation 6 6
Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only)
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act
120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 400 State Reapportionment
130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 410 Antitrust
140 Negotiable Instrument Liability 367 Health Care/ 430 Banks and Banking
150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 450 Commerce
& Enforcement of Judgment Slander Personal Injury 820 Copyrights 460 Deportation
151 Medicare Act 330 Federal Employers’ Product Liability 830 Patent 470 Racketeer Influenced and
152 Recovery of Defaulted Liability 368 Asbestos Personal 840 Trademark Corrupt Organizations
Student Loans 340 Marine Injury Product 480 Consumer Credit
(Excludes Veterans) 345 Marine Product Liability LABOR SOCIAL SECURITY 490 Cable/Sat TV
153 Recovery of Overpayment Liability PERSONAL PROPERTY 710 Fair Labor Standards 861 HIA (1395ff) 850 Securities/Commodities/
of Veteran’s Benefits 350 Motor Vehicle 370 Other Fraud Act 862 Black Lung (923) Exchange
160 Stockholders’ Suits 355 Motor Vehicle 371 Truth in Lending 720 Labor/Management 863 DIWC/DIWW (405(g)) 890 Other Statutory Actions
190 Other Contract Product Liability 380 Other Personal Relations 864 SSID Title XVI 891 Agricultural Acts
195 Contract Product Liability 360 Other Personal Property Damage 740 Railway Labor Act 865 RSI (405(g)) 893 Environmental Matters
196 Franchise Injury 385 Property Damage 751 Family and Medical 895 Freedom of Information
362 Personal Injury - Product Liability Leave Act Act
Medical Malpractice 790 Other Labor Litigation 896 Arbitration
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 791 Employee Retirement FEDERAL TAX SUITS 899 Administrative Procedure
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: Income Security Act 870 Taxes (U.S. Plaintiff Act/Review or Appeal of
220 Foreclosure 441 Voting 463 Alien Detainee or Defendant) Agency Decision
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRS—Third Party 950 Constitutionality of
240 Torts to Land 443 Housing/ Sentence 26 USC 7609 State Statutes
245 Tort Product Liability Accommodations 530 General
290 All Other Real Property 445 Amer. w/Disabilities 535 Death Penalty IMMIGRATION
Employment Other: 462 Naturalization Application
446 Amer. w/Disabilities 540 Mandamus & Other 465 Other Immigration
Other 550 Civil Rights Actions
448 Education 555 Prison Condition
560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transferred from 6 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation
(specify)
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
VI. CAUSE OF 15 U.S.C. §2; 15 U.S.C. §1125
ACTION Brief description of cause:
Antitrust – monopolization and attempted monopolization; False statements in commercial advertising
VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ Greater than $5 mil. CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: Yes No
VIII. RELATED CASE(S)

(See instructions):
IF ANY JUDGE DOCKET NUMBER
IX. DIVISIONAL ASSIGNMENT (Civil L.R. 3-2)

(Place an “X” in One Box Only) (X) SAN FRANCISCO/OAKLAND ( ) SAN JOSE ( ) EUREKA
DATE SIGNATURE OF ATTORNEY OF RECORD
11-02-2016 /s/ Joe Bautista
Case 3:16-cv-06385 Document 1-1 Filed 11/02/16 Page 2 of 2
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I. (a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at
the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In
land condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment,
noting in this section "(see attachment)".
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark
this section for each principal party.
IV. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more
than one nature of suit, select the most definitive.
V. Origin. Place an "X" in one of the six boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407.
When this box is checked, do not check (5) above.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.

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Flywheel Uber Lawsuit

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Case 3:16-cv-06385 Document 1 Filed 11/02/16 Page 1 of 34

1 Shannon Seibert (CBN 240317)

7 Attorneys for Plaintiff

8 UNITED STATES DISTRICT COURT

13 2. Plaintiff DESOTO CAB COMPANY, INC., d/b/a FLYWHEEL TAXI

14 (“FLYWHEEL TAXI”) is a California corporation. FLYWHEEL TAXI is a San Francisco taxicab

16 San Francisco, California.

17 3. Defendant UBER TECHNOLOGIES, INC. is a Delaware corporation. UBER

13 and/or on behalf of the other defendants named herein.

14 VENUE AND JURISDICTION

13 drivers and consumers of ride-hail transportation services in San Francisco.

15 with the launch of “UberXL.”

10 those charged by taxicabs but lower than UberBlack.

10 lending and underwriting practices.

12 minute in San Francisco.

11 “temporary,” UberX prices never returned to pre-January 2014 levels.

9 every UberXL ride provided in the San Francisco Ride-Hail Market.

9 80. In reliance on UBER’s misrepresentations, thousands of former and potential San

10 86. In reliance on UBER’s misrepresentations, thousands of former and potential San

11 Francisco Ride-Hail Market after UBER’s January 2014 price cuts.

11 UBER’s Violations of San Francisco Municipal Law

14 to by UBER as “surge pricing.”

12 FIRST CAUSE OF ACTION

10 an amount to be proven at trial.

11 WHEREFORE, FLYWHEEL TAXI prays for relief as set forth herein.

12 THIRD CAUSE OF ACTION

9 cost below UBER’s cost in providing the service.

11 injuring competitors and destroying competition.

10 services in San Francisco.

6 168. UBER is in commercial competition with FLYWHEEL TAXI.

9 goodwill in amounts to be proven at trial.

10 WHEREFORE, FLYWHEEL TAXI prays for relief as set forth herein.

11 SIXTH CAUSE OF ACTION

15 benefit to one or both of the parties.

1 SEVENTH CAUSE OF ACTION

22 services in violation of the Lanham Act (15 U.S.C. § 1125).

9 PRAYER FOR RELIEF

21 date to be determined pursuant to California Business and Professions Code § 17070;

24 Professions Code § 17082;

28 injure competitors and destroy competition; and

21 AS TO THE SIXTH CAUSE OF ACTION

24 date to be determined pursuant to California Code of Civil Procedure § 335.1; and

25 2. For punitive damages pursuant to California Civil Code § 3294(a) in an amount

27 AS TO THE SEVENTH CAUSE OF ACTION

VIII. RELATED CASE(S)

IX. DIVISIONAL ASSIGNMENT (Civil L.R. 3-2)

V. Origin. Place an "X" in one of the six boxes.

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