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

MOTION to Dismiss , MOTION to Strike Portions of Complaint

N.D. Cal.March 4, 2016

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 994972.01/SF Notice of Hearing on Motion to Dismiss and Motion to Strike Portions of Complaint LAW OFFICES Allen Matkins Leck Gamble Mallory & Natsis LLP ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP MARSHALL C. WALLACE (BAR NO. 127103) KAMRAN JAVANDEL (BAR NO. 272900) Three Embarcadero Center, 12th Floor San Francisco, CA 94111-4074 Phone: (415) 837-1515 Fax: (415) 837-1516 E-Mail: mwallace@allenmatkins.com kjavandel@allenmatkins.com MARISSA M. DENNIS (BAR NO. 245027) 515 South Figueroa Street, Ninth Floor Los Angeles, California 90071-3309 Phone: (213) 622-5555 Fax: (213) 620-8816 E-Mail: mdennis@allenmatkins.com UBER TECHNOLOGIES, INC. KEITH D. YANDELL (BAR NO. 233146) MARTIN D. WHITE (BAR NO. 253476) 1455 Market Street, 4th Floor San Francisco, CA 94103 Phone: (925) 708-7552 E-Mail: yandell@uber.com mwhite@uber.com Attorneys for Defendants UBER TECHNOLOGIES, INC.; RASIER, LLC; RASIER-CA, LLC UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA A WHITE AND YELLOW CAB, INC., Plaintiff, vs. UBER TECHNOLOGIES, INC., et al., Defendants. Case No. 4:15-05163-JSW UBER TECHNOLOGIES, INC., RASIER, LLC, AND RASIER-CA, LLC'S NOTICE OF HEARING ON MOTION TO DISMISS AND MOTION TO STRIKE PORTIONS OF COMPLAINT; MOTION TO STRIKE PORTIONS OF COMPLAINT Date: June 3, 2016 Time: 9:00 a.m. Ctrm: 5 Judge: Hon. Jeffrey S. White Trial Date: N/A Case 4:15-cv-05163-JSW Document 18 Filed 03/04/16 Page 1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 994972.01/SF -1- Notice of Hearing on Motion to Dismiss and Motion to Strike Portions of Complaint LAW OFFICES Allen Matkins Leck Gamble Mallory & Natsis LLP TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that, pursuant to the Court’s Order extending time for responsive pleadings (ECF No. 17), on June 3, 2016 at 9:00 a.m., or as soon thereafter as the matter may be heard, in Courtroom 5, 2nd Floor, 1301 Clay Street, Oakland, CA 94612, before the Honorable Jeffrey S. White, Defendants Uber Technologies, Inc., Rasier, LLC, and Rasier-CA, LLC will and hereby do move the Court for an order dismissing the first, second, fourth and fifth claims for relief of Plaintiff's Complaint, and an order striking the portions of Plaintiff's Complaint identified in the following Motion To Strike. The motion to dismiss is made under Federal Rules of Civil Procedure, Rule 12(b)(1) on the ground that the Court lacks jurisdiction to adjudicate Plaintiff's claims due to the California Public Utilities Commission's exclusive jurisdiction of such matters under Cal. Pub. Util. Code §§ 1759 and 1756(a), and Rule 12(b)(6) on the ground that Plaintiff has failed to state a claim upon which relief can be granted. The motion to strike is made under Federal Rules of Civil Procedure, Rule 12(f) on the ground that the Court may strike out any redundant, immaterial, or impertinent matter inserted in a pleading. The matters to be stricken are set forth in more detail in the following Motion To Strike. In the alternative, Defendants will and hereby do move for a more definite statement of pleading under Federal Rules of Civil Procedure, Rule 12(e). The motion to dismiss and motion to strike are based on this Notice, the accompanying Motion To Strike, Memorandum Of Points And Authorities, Request For Judicial Notice, Declaration Of Kamran Javandel, all other pleadings and papers on file in this action, and all further argument and documents presented before or at the hearing. Defendants made a good faith effort to meet and confer with Plaintiff's attorney to avoid or reduce the issues presented by this motion. See Javandel Declaration. MOTION TO STRIKE Pursuant to Fed. R. Civ. P. 12(f), Defendants Uber Technologies, Inc., Rasier, LLC, and Rasier-CA, LLC hereby move to strike the portions of the Complaint which contain Case 4:15-cv-05163-JSW Document 18 Filed 03/04/16 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 994972.01/SF -2- Notice of Hearing on Motion to Dismiss and Motion to Strike Portions of Complaint LAW OFFICES Allen Matkins Leck Gamble Mallory & Natsis LLP redundant, immaterial, or impertinent matters. The specific allegations which Defendants move to strike are set forth verbatim below: 1. Prayer for Relief, Paragraph 2, page 43, lines 17-19, which states: “For restitution of UBER receipts of A TAXI’s vested property interests in approximately 20% of UBER’s receipts from its de facto taxicab operations in the City of Anaheim.” 2. Prayer for Relief, Paragraph 11, page 44, lines 15-18, which states: “For restitution of UBER receipts of A TAXI’s vested property interest in approximately 20% of UBER’s receipts from its de facto taxicab operations in the City of Anaheim, by which UBER was unjustly enriched to the detriment of A TAXI.” Dated: March 4, 2016 ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP By: /s/ Marshall C. Wallace MARSHALL C. WALLACE Attorneys for Defendants UBER TECHNOLOGIES, INC.; RASIER, LLC; RASIER-CA, LLC Case 4:15-cv-05163-JSW Document 18 Filed 03/04/16 Page 3 of 3