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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
May-02-2016 9:47 am
Case Number: CGC-16-551748
Filing Date: May-02-2016 8:58
Filed by: ARLENE RAMOS
Image: 05378591
COMPLAINT
LENZA H. MCELRATH III VS. UBER TECHNOLOGIES, INC.
001005378591
Instructions:
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cE s Ne
ea McElrath Ill (SBN 245721) IO SUMMONS ISSUED
San Francisco, CA 94110 FI
Telephone: 415.420.3144 ‘Superior Court of
Fax: 510.550.7820 County StSan trneeee
Email: lenza@lenzalaw.com
Attomey for Plaintiffs MAY 1.2 2019
CLERK,OF TH COURT
oe tele tone
Deputy Clenc
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO,
Lenza H. McElrath III,
individually, Case No.:
inhis representative capacity, CEN CGC -16-551748
and on behalf of all others similarly situated,
Plaintiffs, Complaint for Violation of the Private Attomeys
General Act of 2004, California Labor Code § 200-
vs. 244 and 970, Breach of Contract, Fraud by
Intentional Misrepresentation, and Fraud by
Uber Technologies, Inc., Concealment
Delaware corporation,
1455 Market St., 4" Floor
San Francisco, CA 94103, | CLASS ACTION
Defendant.
DEMAND FOR JURY TRIAL
Plaintiff Lenza H. McElrath Ill, in his representative capacity, and on behalf of all others
similarly situated (collectively “Plaintif¥s"), allege causes of action for violation of the Private Attorneys
General Act of 2004, California Labor Code § 200-244 and 970, Breach of Contract, Fraud by Intentional
Misrepresentation, and Fraud by Concealment against Uber Technologies, Inc. (“Defendant” or “Uber”),
demand a trial by jury, and allege as follows:
THE PARTIES
1. Plaintiff Lenza H. McElrath (“McElrath”) is a resident of the state of California, Plaintiff
McElrath has been employed full-time with Uber as a software engineer from September 2014
through present,
Case N - McElrath eta. v. Uber
mene Cc laint under PAGA.2, Defendant Uber Technologies, Inc. (“Uber”) is a Delaware corporation with its headquarters
in San Francisco, California. Uber has at all times relevant to this complaint conducted business in the
County of San Francisco.
JURISDICTION AND VENUE
3. This Court has jurisdiction in this case because at all relevant times Defendant, or its agents,
conducted business in the State of California, Defendant maintains offices, employ the majority of
workforce, direct sales, and conduct business operations primarily in the State of California,
4. Venue is proper in this Court because acts that give rise to Plaintiffs claims took place within
the County of San Francisco. Plaintiffs entered into agreements with Uber for employment that was to
be performed in the County of San Francisco.
PAGA REPRESENTATIVE ACTION ALLEGATIONS
5. On February 23, 2016, Plaintiff McElrath sent written notice, dated February 23, 2016, (the
“PAGA Notice”) by certified mail of Uber's violations of various provisions of the California Labor
Code to the Labor and Workforce Development Agency (“LWDA”)
6. A copy of the PAGA Notice was sent by certified mail to Uber’s registered California agent,
and directly to Uber’s general counsel, Salle Yoo.
7. The LWDA did not provide notice of its intention to investigate Uber’s violation within
thirty-three calendar days of the postmark date of the PAGA Notice,
Plaintiff is informed and believes and thereon alleges that Uber has violated and continues to
violate the California Labor Code with respect to hundreds of its current and former employees.
This Court has jurisdiction over Plaintiffs’ claims for civil penalties under the Private
Attorneys General Act (“PAG”), Cal. Labor Code § 2698 et seq.
-2- McElrath et al., v. Uber
Complaint under PAGA18
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GENERAL ALLEGATIONS
10. Uber has violated the law by not compensating hundreds of its employees as promised in
their written Employment Agreements.
11. Plaintiff incorporates by reference the allegations in the PAGA Notice as if fully set forth
herein.
Violation of the Private Attorneys General Act (“PAGA”)
12. Plaintiffs incorporate by reference each and every preceding paragraph as if fully set forth
13. Plaintiff McElrath is an “aggrieved employee” under PAGA.
14, Plaintiff McElrath has fulfilled all jurisdictional requirements to bring an action under
PAGA.
15. As described in the PAGA Notice Defendant violated California Labor Code sections 201,
202, 204, and 970.
SECOND COUNT
Breach of Contract
16, Plaintiffs incorporate by reference each and every preceding paragraph as if fully set forth
17, Plaintiffs entered into an Employment Agreements with Defendant.
18. Defendant beached the Employment Agreements as described in the PAGA Notice.
19, _ Plaintiffs have performed all obligations to Defendant except those obligations which
Plaintiffs were prevented or excused from performing.
20. Plaintiffs suffered and continue to suffer damages legally (proximately) caused by
Defendant's breach of the agreement and are entitled to damages.
MeElrath etal, v. Uber
Complaint under PAGA,10
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THIRD COUNT
Fraud by Intentional or Negligent Misrepresentation
21. Plaintiffs incorporate by reference each and every preceding paragraph as if fully set forth
herein.
22. Defendant made representations of material fact regarding the compensation they would
provide Plaintiffs.
23. Their representations were in fact false.
24, When Defendant made the representations, Defendant knew or should have known that the
representations were false
25. Defendant made the representations with the intent to defraud and induce Plaintiffs to
perform acts which they were not legally required to perform.
26. At the time Plaintiffs acted, PlaintifYs did not know the representations were false and
believed the representations were true.
27. Plaintiffs acted in justifiable reliance upon the truth of the representations
28. Plaintiffs would not have acted if they had known the true facts.
FOURTH COUNT
Fraud by Concealment
29. Plaintiffs incorporate by reference each and every preceding paragraph as if fully set forth
herein.
30. Defendant concealed material facts from Plaintiffs.
31. Defendant suppressed material facts they were bound to disclose and told Plaintiffs facts
designed to mislead Plaintiffs and prevent Plaintiffs from discovering the concealed or suppressed
facts.
MefElrath eta, v. Uber
Complaint under PAGA12
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32. Defendant concealed or suppressed these facts with the intent to defraud and induce
Plaintiffs.
33. At the time Plaintiffs acted, Plaintiffs were unaware of the concealed or suppressed facts.
34, Plaintiffs would not have acted had they known the facts.
PRAYER FOR RELIEF
Plaintiffs request that the court:
1. Enter a judgment against Defendant for civil penalties pursuant to PAGA,
2. Enter a judgment against Defendant in the amount of economic damages, statutory damages,
compensatory damages, and liquid damages described in the claims above, plus interest, costs, and
attorney's fees,
3. Enter a declaratory judgment that Defendant is in violation of the law,
4. Enjoin the Defendant from taking further acts in violation of the law,
5. Disgorge Defendant of any profits unjustly eamed through their unlawful acts, and
6. Award Plaintiffs any such other relief as may be just and proper, including such punitive
. that this Court finds are just and equitable.
Respectfully Submitted,
Dated: 5722016 Yh
Lenza H. McElrath IIL
3637 18th St. #2
San Francisco, CA 94110
Tel: 415.420.3144
Fax: 510.550.7820
Plaintiff and representative employee
McElrath et al., v. Uber
Complaint under PAGA
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IVIL CASE COVER SHEET Complex Case Designation os
Unlinited =] Limited Cleumer Clam =GC-16-551748
(Amount (ammount ou joinder WY
Soran Sandedis | Fie wiht epparance by detent
exceeds $25,000) $25,000 rlss)|_ (Gal Rules orGour rule 3400) | oem
Items 1-6 below must be completed (see instructions on page 2)
[i Check one box below forthe case type that best describes this case:
‘Auto Tort Contract Provisonally Complex Civil Ligation
ees [Ey creach of contvacuwarranty (08) (Gal Rules of Coun, res 3.400=9-409)
Uninsures motors (46) [es] eimstacicers oul lalennee nents
‘Other PUPDID (Personal Injury/Property — [_] other eotections (09) [J Construction defect (10)
Damage/Wrongful Death) Tort 1 insurance coverage (18) TEI mass tort 40)
‘Asbestos (04) CD otter contract 37) J secures tigation (28)
Produc abit (24) eal Property| [E) envirormentaToxe tot (2)
Medical malpractice (45) (1 Eminent domsinnnverse (insurance coverage cams arising tom the
ther PUPDIWD (23) cendemaaton (14) ‘hove Isl prontionaly complos case
NOD-PUPDIWD (Otter Tort [2 Whongtat eveson a0) pes ty
[J ‘usinesstrvuntarbusiness practice (07) [—} obre rea property (28) Enforcement of Judgment
Ise] cevrases cen LUntgwtu Detainer [J enorcoment of udgment 20)
[F) betamation 13) LJ commercial (31) Miscellaneous Civil Complaint
C1 Frava (16) I Residentiat (32) E) rico
[J intebectua property (19) 1 bugs 38) (A otner complaint (not specited above) (42)
[1 Professional negligence (25) ‘Judicial Review ‘Miscellaneous Civil Petition
TS otter non-PuPOMW tort (35) H ‘Asoo forteure (05) Partnership and corporate governance (21)
Employment Petiion we: artivaton wars (11) =) omer potion nt species above
rong trian 8) etc nna 03 ober maton tres oee 3
tre employment (15) Fore usa review 3
2 Thiscase Lis [Tis not — complex under rule 3.400 of the California Rules of Court ithe case s Complex, mark the
factors requifing exceptional judicial management
2. 2) Large number of separately represented parties 4. [] Large number of witnesses
».[] Extensive motion practice raising diffcut or novel e. [_] Coordination with related actions pending in one or more courts
cL) Substantial amount of documentary evidence +. 2) Substantial postjudgment judicial supervision
3, Remedies sought (chock all that apply): a[=“Tmonetary b.[<-Tnonmonetary; dectaratory or injunctive reliet 0 L=ASunitwe
4, Number of causes of action (specify):
5 Thiscave Eis [dient a dass action suit
«Tis aS Stee msn pyre 0
Date: ae o
Lenze H MéElvedh , —
He elealh ———
NOTICE
+ Plain mst fle his cover sheet wth he feet paper le in he seien ox proceeding (except smal cae cases orcas led
under the Probate Code, Femiy Code, or Weare an instunens Code) (Gal Rules ol Gout, nse 3.270) Ea he hay rest
insanctone,
+ Fists cover shetin aditon to any cover sheet required by local court ru
+ Ih case complex under rule 3400 et sq, of te Calera Rules of Cour, you mus serve a copy his cover sheet on all
citer partes tote ston or proceeding
+ Une isis coecton ae under ile 9740 acm hs ove sheet wl be wn fr stil use on
"Sareea CIVIL CASE COVER SHEET eee SER EET
SaRea es maeINSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET hen)
To Plaintifis and Others Fiting First Papers._If you are fling a frst paper (for example, a complaint) in @ civil case, you must
‘complete and file, along with your fst paper, the Civ! Case Cover Sheet contained on page 1. Ths information willbe used to compile
Satisties about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must check
‘one box for the case type that best describes the case, Ifthe case fits both a goneral and a more specifi ype of case listed in itern 1
heck the more specif one. If the case has multiple causes of action, check the box that best indicates the primary cause of action.
To assist you in completing the sheet, examples ofthe cases that belong under each case type in item 1 are provided below. A cover
sheet must be fled only with your intial paper. Failure to fle @ cover sheet withthe frst paper fed in a civil case may subject a party,
its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court
To Patties in Rule 3.740 Collections Cases. A “collections case" under rule 3.740 is defined as an action for recovery of money
‘ned in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney's fees, arising from a transaction in
which property, services, or money was acquired on credit. collections case does not include an action seeking the folowing: (1) tort
damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of
attachment, The identification of a case as a rule 3.740 collections case on this form means that it wil be exempt from the general
time-forservice requirements and case management rules, unless @ defendant fies a responsive pleading. A rule 3.740 collections,
case wil be subject to the requirements for service and obtaining a judgment in le 3.740.
To Parties in Complex Cases. In complex cases only, parties must also use the Civll Case Cover Sheet to designate whether the
case is complex. if @plaintf believes the case is complex under rule 3.400 of the California Rules of Cour, this must be indicated by
‘completing the appropriate boxes in items 1 and 2. if plaintif designates a case as complex, the cover sheet must be served with the
‘Complaint on all parties to the action. A defendant may file and serve no later than the time of # frst appearance a joinder in the
Plaintif's designation, a counter-designation that the case is not complex, or, i the plaiaiff has made no designation, a designation that
the case is complex
CASE TYPES AND EXAMPLES
‘Ato Tort Contract, Provistonaly Complex Ci Ligation (Cab
"Al (22}-Persona inyropety etc of Contaevarany (0) Rw of Cou Rus 3400-3405)
Great oletarease “Zr rage Renan (0)
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Asbestos (04 Book asst (8) rnrenment of epent 20)
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Intentions inficion of Titel Porsesicn bi Roni Prone Declaratory eet Ory
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Negigent icon sf nae aceon
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(no! mecca! aloga) Case Mater Peton for Rel From tate
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Weng Teint (3) tessa Review 9)
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