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A White And Yellow Cab, Inc. v. Uber Technologies, Inc. et al

MOTION to Dismiss for Lack of Jurisdiction Plaintiff's First Amended Complaint

61 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,860 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 265,830 times   364 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 27,760 times   138 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

  4. Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc.

    528 U.S. 167 (2000)   Cited 7,128 times   25 Legal Analyses
    Holding that plaintiffs who curtailed their recreational activities on a river due to reasonable concerns about the effect of pollutant discharges into that river had standing

  5. Daniels v. Williams

    474 U.S. 327 (1986)   Cited 12,711 times   5 Legal Analyses
    Holding that "the Due Process Clause [of the Fourteenth Amendment] is simply not implicated by a negligent act of an official causing unintended loss of or injury to life, liberty, or property"

  6. American Mfrs. Mut. Ins. Co. v. Sullivan

    526 U.S. 40 (1999)   Cited 4,814 times
    Holding that the private insurers were not state actors

  7. Cleburne v. Cleburne Living Center, Inc.

    473 U.S. 432 (1985)   Cited 9,685 times   5 Legal Analyses
    Holding that mental disability is not a quasi-suspect class

  8. Medimmune, Inc. v. GenenTech, Inc.

    549 U.S. 118 (2007)   Cited 2,529 times   90 Legal Analyses
    Holding "the phrase 'case of actual controversy' in the Act refers to the types of 'Cases' and 'Controversies' that are justiciable under Article III"

  9. Collins v. Harker Heights

    503 U.S. 115 (1992)   Cited 4,868 times   1 Legal Analyses
    Holding that § 1983 "does not provide a remedy for abuses that do not violate federal law"

  10. Washington v. Glucksberg

    521 U.S. 702 (1997)   Cited 2,630 times   4 Legal Analyses
    Holding that there is no fundamental right to physician-assisted suicide

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 344,948 times   920 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 90,278 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

  13. Section 451 - Charges just and reasonable; unjust or unreasonable charge unlawful; adequate, efficient and reasonable service; rules just and reasonable

    Cal. Pub. Util. Code § 451   Cited 65 times

    All charges demanded or received by any public utility, or by any two or more public utilities, for any product or commodity furnished or to be furnished or any service rendered or to be rendered shall be just and reasonable. Every unjust or unreasonable charge demanded or received for such product or commodity or service is unlawful. Every public utility shall furnish and maintain such adequate, efficient, just, and reasonable service, instrumentalities, equipment, and facilities, including telephone

  14. Section 5360 - Charter-party carrier of passengers defined

    Cal. Pub. Util. Code § 5360   Cited 11 times

    Subject to the exclusions of Section 5353, "charter-party carrier of passengers" means every person engaged in the transportation of persons by motor vehicle for compensation, whether in common or contract carriage, over any public highway in this state. "Charter-party carrier of passengers" includes any person, corporation, or other entity engaged in the provision of a hired driver service when a rented motor vehicle is being operated by a hired driver. Ca. Pub. Util. Code § 5360 Amended by Stats

  15. Section 5353 - Inapplicability of chapter

    Cal. Pub. Util. Code § 5353   Cited 8 times

    This chapter does not apply to any of the following: (a) Transportation service rendered wholly within the corporate limits of a single city or city and county and licensed or regulated by ordinance. (b) Transportation of school pupils conducted by or under contract with the governing board of any school district entered into pursuant to the Education Code. (c) Common carrier transportation services between fixed termini or over a regular route that are subject to authorization pursuant to Article

  16. Section 5431 - Definitions

    Cal. Pub. Util. Code § 5431   Cited 7 times   1 Legal Analyses
    Defining TNC has a company "that provides prearranged transportation services for compensation using an online-enabled application or platform to connect passengers with drivers using a personal vehicle"

  17. Section 5440 - Legislative findings and declarations

    Cal. Pub. Util. Code § 5440   Cited 2 times

    The Legislature makes the following findings and declarations: (a) The commission has initiated regulation of transportation network companies as a new category of charter-party carriers and continues to develop appropriate regulations for this new service. (b) Given the rapidly evolving transportation network company service, it is the intent of the Legislature to continue ongoing oversight of the commission's regulation of these services in order to enact legislation to adjust commission authority

  18. Section 5360.5 - Operation on prearranged basis

    Cal. Pub. Util. Code § 5360.5   Cited 1 times

    (a) Charter-party carriers of passengers shall operate on a prearranged basis within this state. (b) For purposes of this section, "prearranged basis" means that the transportation of the prospective passenger was arranged with the carrier by the passenger, or a representative of the passenger, either by written contract or telephone. Ca. Pub. Util. Code § 5360.5 Amended by Stats. 1998, Ch. 828, Sec. 1. Effective January 1, 1999.

  19. Section 5433 - Transportation company network insurance

    Cal. Pub. Util. Code § 5433   Cited 1 times

    (a) A transportation network company and any participating driver shall maintain transportation network company insurance as provided in this section. (b) The following requirements shall apply to transportation network company insurance from the moment a participating driver accepts a ride request on the transportation network company's online-enabled application or platform until the driver completes the transaction on the online-enabled application or platform or until the ride is complete, whichever

  20. Section 5381.5 - Waybill or trip report

    Cal. Pub. Util. Code § 5381.5

    (a) The commission shall, by rule or other appropriate procedure, ensure that every charter-party carrier of passengers operates on a prearranged basis within the state, consistent with Section 5360.5. The commission shall require every charter-party carrier of passengers to include on a waybill or trip report at least all of the following: (1) The name of at least one passenger in the traveling party, or identifying information of the traveling party's affiliation, along with the point of origin