Rosen

Rosen v. Uber Technologies, Inc.

Good Law
164 F. Supp. 3d 1165·2016 WL 704078·2016 U.S. Dist. LEXIS 21960
United States District Court, Northern District of CaliforniaFebruary 23, 2016Case No. 15-cv-03866-JSTCalifornia7,325 words

Opinion

Lead Opinion

Tigar, J.

ORDER GRANTING MOTION TO DISMISS AND DENYING MOTION TO STRIKE

Before the Court is Defendants’ Motion to Dismiss and Motion to Strike. ECF No. 22. For the reasons stated below, the Motion to Dismiss is granted and the Motion to Strike is denied. The Court also grants Defendants’ requests for judicial notice.

I. BACKGROUND

Plaintiff Stewart Rosen, the owner of a permitted taxicab medallion number 684, seeks to bring a class action against Defendants Uber Technologies, Inc., Rasier, LLC, and Raiser-CA, LLC (“Uber”). ECF No. 1 ¶¶ 1-6. Uber is a transportation network company that offers a smartphone application to connect passengers looking for rides with drivers looking to provide rides. Id. ¶ 6. Plaintiffs claims are based on two aspects of Uber’s conduct: first, its alleged failure to comply with applicable California Public Utilities Commission (“CPUC”) regulations for taxi and other transportation companies; and second, its alleged misrepresentations in regards to its “safe rides fee.”

A. Factual Background

For the purposes of deciding this motion to dismiss, the Court accepts as true the following allegations from Plaintiffs’ complaint. See ECF No. 1.

1. Allegations…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.