Kim

FACTS

1. Undisputed Facts: The Parties, the Uber App and the Accident Plaintiff Mackenzie Young Jay Kim was a pedestrian in a traffic accident that occurred at about 2:28 a.m. on January 19, 2020, on Santa Monica Boulevard near Bundy Drive. Ralph Davis Wilson III was the driver. Mr. Wilson is a defendant in this lawsuit but not a party to this appeal. As is generally known, Uber uses technology (the Uber app) to connect riders with drivers who use their personal vehicles. The rider version of the Uber app and the driver version are different. Drivers are “available” to accept riders after they go “online” by logging into the Uber driver app. (All further discussion of the “Uber app” refers to the driver app.) Uber uses data from the Uber app to determine whether a driver can accept and provide rides. Data from the Uber app shows the driver’s status in one of four categories: “available,” which means the driver can receive a ride request; “en route,” which means the driver is traveling to pick up a rider after a ride request was accepted; “on trip,” which means the driver is transporting a rider after pickup; and “offline,” which means the driver is not available to receive a…