Jane Doe v. Uber Technologies, Inc.

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 8 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JANE DOE, No. 22-16562

Plaintiff-Appellant, D.C. No. 3:19-cv-03310-JSC

v.

MEMORANDUM*

UBER TECHNOLOGIES, INC.; et al.,

Defendants-Appellees.

Appeal from the United States District Court for the Northern District of California Jacqueline Scott Corley, District Judge, Presiding

Argued and Submitted November 14, 2023 Submission Withdrawn January 9, 2024 Resubmitted August 08, 2024 San Jose, California

Before: GRABER, PAEZ, and FRIEDLAND, Circuit Judges. Partial Concurrence and Partial Dissent by Judge GRABER.

This case involves the sexual assault of a rideshare passenger by an

individual posing as an authorized Uber driver. Plaintiff Jane Doe appeals the

district court’s dismissal of three tort claims based on ostensible agency against

Uber Technologies, Inc., Rasier, LLC, and Rasier CA, LLC (collectively, “Uber”)

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.…