Turo

Filed 6/28/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

TURO INC.,

Petitioner, v.

THE SUPERIOR COURT OF THE A160200

CITY AND COUNTY OF SAN

FRANCISCO, (San Francisco County Super. Ct. No. CGC-18-563803) Respondent; THE PEOPLE ex rel. DENNIS J. HERRERA, as City Attorney, etc., et al., Real Parties in Interest.

Turo Inc. operates an online platform that allows car owners to rent their cars to other Turo users. Unlike companies such as Enterprise or Hertz, Turo does not own, lease, or rent a fleet of cars for customers to rent. The People, acting by and through the City Attorney of San Francisco, sued Turo alleging that Turo engaged in unlawful and unfair business practices by operating a rental car business at San Francisco International Airport (SFO) without a valid permit. Turo cross-complained against the City and County of San Francisco (the City), which owns and operates SFO, seeking a declaratory judgment that it is not a rental car company under California law. The issue before us here is whether Turo is “in the business of renting

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