Doe

Doe v. Uber Technologies, Inc.

Good Law
United States District Court, Northern District of CaliforniaMay 1, 20203:19-cv-03310California3,909 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 8 JANE DOE, Case No. 19-cv-03310-JSC

Plaintiff,

ORDER RE: DEFENDANTS’ MOTION

v. TO DISMISS FIRST AMENDED

COMPLAINT

UBER TECHNOLOGIES, INC., et al., Re: Dkt. No. 33 Defendants.

14 Jane Doe brings tort claims against Uber and its wholly owned subsidiaries Rasier, LLC and Rasier CA, LLC (collectively “Uber”) after she was assaulted by a former Uber driver posing as a current Uber driver. The Court previously dismissed Plaintiff’s claims with leave to amend. (Dkt. No. 29.) Uber now moves to dismiss Plaintiff’s First Amended Complaint for failure to state a claim and lack of jurisdiction under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). (Dkt. No. 33.) After careful consideration of the parties’ briefing, the Court concludes that oral argument is unnecessary, see N.D. Cal. Civ. L.R. 7-1(b), and GRANTS IN PART and DENIES IN PART Uber’s motion to dismiss. Plaintiff’s tort claims based on ostensible agency are…

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