Doe v. Uber Techs., Inc.

• Decision Date: 04 May 2016
• Docket Number: Case No. 15-cv-04670-SI
• Citation: 184 F.Supp.3d 774
• Parties: Jane Doe 1, et al., Plaintiffs, v. Uber Technologies, Inc., Defendant.
• Court: U.S. District Court — Northern District of California

184 F.Supp.3d 774

Jane Doe 1, et al., Plaintiffs,

v.Uber Technologies, Inc., Defendant.

Case No. 15-cv-04670-SI

United States District Court, N.D. California.

Signed May 4, 2016

Douglas H. Wigdor, Jeanne M. Christensen, Elizabeth J. Chen, Tanvir Haque Rahman, Wigdor LLP, New York, NY, Jamie Cameron Couche, Anderson and Poole, P.C., San Francisco, CA, for Plaintiffs.

Josh Alan Cohen, Clarence Dyer & Cohen LLP, San Francisco, CA, for Defendant.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS

Re: Dkt. Nos. 49, 52

SUSAN ILLSTON, United States District Judge

Now before the Court is defendant Uber Technologies, Inc.'s motion to dismiss the Amended Complaint. Docket No. 49. This matter came on for hearing on April 1, 2016. For the reasons set forth below, the Court hereby GRANTS in part and DENIES in part defendant's motion.

BACKGROUND

Plaintiffs Jane Doe 1 and Jane Doe 2 bring this tort suit against Uber Technologies, Inc. ("Uber") for sexual assaults that plaintiffs allege they suffered at the hands of Uber drivers. The following allegations are drawn from plaintiffs' Amended Complaint.

Since 2010, Uber has operated as a "transportation network company." Docket No. 46, Amended Complaint ("AC") ¶ 23. Individuals download Uber's smartphone application and then use the "App" to make a transportation request. Id. ¶¶ 1, 23. "They are then matched with an Uber driver who picks them up and drives them to a destination. App users must pay for the ride through the App with a credit card. Uber pays the driver a share of the fare collected, and retains the remainder." Id. ¶ 23.

Uber solicits and retains non-professional drivers to provide the car rides that customers order through the Uber App. Id. ¶ 25. One who wishes to drive for Uber applies online and uploads photos of a driver's license, vehicle registration, and proof of insurance. Id. ¶53. Uber then performs a background check through a third party company. Id. ¶¶ 58, 66. This check runs the driver's social security number through a database, capturing information dating back seven years. Id. ¶¶ 59, 66. Once Uber approves a driver, that driver is available to the public to provide transportation services through the App. Id. ¶ 25. Neither drivers nor riders pay a fee to download the Uber App. Id. ¶ 29. "Uber's sole source of revenue is from charges to riders for trips taken." Id.

In February 2015, in Boston, Massachusetts, Doe 1 and her friends used the Uber App to arrange a car ride after they had gone to dinner and then to a party. Id. ¶¶ 82-84. Uber driver Abderrahim Dakiri confirmed that he was on his way, and picked up Doe 1 and her friends. Id. ¶¶ 11, 85. After Dakiri dropped off Doe 1's friends first, Doe 1 gave Dakiri the address of her destination. Id. ¶ 86. Dakiri then began to sexually assault Doe 1. Id. ¶¶ 88-92. Dakiri did not take a direct route to Doe 1's destination but drove more than 15 minutes off route "in order to increase his opportunity to sexually assault her." Id. ¶ 93. Dakiri parked the car in a remote area and continued to sexually assault Doe 1 until she was able to unlock the car door and run away. Id. ¶¶ 96-97.

In August 2015, in Charleston, South Carolina, Doe 2 and a group of friends got a ride from Uber driver Patrick Aiello, after Doe 2's friend arranged the ride using Uber's App. Id. ¶¶ 12, 111-114. Aiello drove the group to a bar. Id. ¶ 119. He commented that he would like to give the group a ride home, and someone in the group asked Aiello if he would agree to pick them up later. Id. ¶¶ 122. The group later saw Aiello enter that same bar and observed him sitting at the bar during the night. Id. ¶¶ 123, 125.

At the end of the evening, Aiello drove Doe 2 and a friend from the group back to her friend's apartment. Id. ¶ 128. During the ride, Doe 2 mentioned that she could not find her phone and wanted to look for it at the apartment. Id. ¶ 129. Doe 2 "intended to collect her phone from her friend's apartment and walk the two blocks home to her apartment." Id. ¶ 130. After looking for her phone for five to ten minutes, Doe 2 left for her own apartment. Id. ¶ 131.

"When Ms. Doe 2 went outside, Aiello said he would drive her home." Id. ¶ 132. "[S]till believing that Aiello was acting in his capacity as an Uber driver," Doe 2 got into the car and gave Aiello her home address. Id. ¶ 133. Shortly thereafter, Doe 2 realized that Aiello was driving the wrong way. Id. ¶ 134. When she pointed this out, Aiello asked, "How are you going to pay me?" and told Doe 2 that she owed him a blow job. Id. ¶¶ 135-136. Doe 2 tried to get out of the car, but Aiello had locked the doors. Id. ¶ 137. Aiello drove the car to a remote parking lot off a highway area where he "proceeded to viciously rape her and threaten her with harm multiple times." Id. ¶¶ 138-139. Afterwards, Doe 2 "was able to get onto the highway, crossed to the median, and then started running alongside the highway away from the parking lot." Id. ¶ 140. A car hit Doe 2's arm while she was waving for help. Id. ¶ 141. The car then stopped and called 911. Id. Police took Doe 2 to the hospital, where she became suicidal and was transferred to a psychiatric unit for three days. Id. ¶¶ 141, 143.

The Amended Complaint alleges that Uber's background check system dates back seven years. Id. ¶¶ 58-59, 66. After her assault, Doe 1 learned that Dakiri had resided in the United States for less than three years. Id. ¶ 100. Aiello had a previous domestic violence arrest, resulting in an assault conviction in April 2003. Id. ¶¶ 115, 117. Aiello applied to become a driver for Uber in 2015. Id. ¶¶ 117-118.

On October 8, 2015, Doe 1 and Doe 2 filed this lawsuit against Uber. Docket No. 1. The Court has jurisdiction based on diversity jurisdiction under 28 U.S.C. § 1332. Id. ¶ 15. Uber moved to dismiss the complaint on December 3, 2015. Docket No. 34. On January 20, 2016, plaintiffs filed their Amended Complaint, thereby mooting Uber's motion. Docket Nos. 46, 48. In their Amended Complaint, plaintiffs bring six claims for relief: (1) negligence and negligent hiring, supervision, and retention; (2) fraud; (3) battery; (4) assault; (5) false imprisonment; and (6) intentional infliction of emotional distress.¹ AC ¶¶ 248-300. Plaintiffs bring claims 3 through 6 against Uber under a theory of respondeat superior. Id. ¶¶ 269, 276, 284, 291. Plaintiffs seek declaratory and injunctive relief, damages (including punitive damages), and attorneys' fees and costs. Id. at 54-55.

Uber now moves to dismiss the Amended Complaint for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). Docket No. 49, Motion to Dismiss ("Mot."). Uber argues that plaintiffs have failed to state a claim for relief as to all six of their claims. Uber asks that the Court dismiss plaintiffs' prayer for punitive damages. Uber also seeks to seal an exhibit filed in support of its motion. Docket No. 52.

Following the hearing on April 1, 2016, Uber sought leave to file a supplemental brief. Docket No. 61. The Court granted both parties leave to file supplemental briefs, which they filed on April 8, 2016. Docket Nos. 62, 66, 67.

LEGAL STANDARD

Under Federal Rule of Civil Procedure 12(b)(6), a district court must dismiss a complaint if it fails to state a claim upon which relief can be granted. To survive a Rule 12(b)(6) motion to dismiss, the plaintiff must allege "enough facts to state a claim to relief that is plausible on its face." Bell Atl. Corp. v. Twombly , 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). This "facial plausibility" standard requires the plaintiff to allege facts that add up to "more than a sheer possibility that a defendant has acted unlawfully."

Ashcroft v. Iqbal , 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009). While courts do not require "heightened fact pleading of specifics," a plaintiff must allege facts sufficient to "raise a right to relief above the speculative level." Twombly , 550 U.S. at 555, 570, 127 S.Ct. 1955.

In deciding whether a plaintiff has stated a claim upon which relief can be granted, the court must assume that the plaintiff's allegations are true and must draw all reasonable inferences in the plaintiff's favor. See Usher v. City of Los Angeles , 828 F.2d 556, 561 (9th Cir.1987). However, the court is not required to "accept as true allegations that are merely conclusory, unwarranted deductions of fact, or unreasonable inferences." In re Gilead Scis. Sec. Litig. , 536 F.3d 1049, 1055 (9th Cir.2008).

If the court dismisses the complaint, it must then decide whether to grant leave to amend. The Ninth Circuit has "repeatedly held that a district court should grant leave to amend even if no request to amend the pleading was made, unless it determines that the pleading could not possibly be cured by the allegation of other facts." Lopez v. Smith , 203 F.3d 1122, 1130 (9th Cir.2000) (citations and internal quotation marks omitted).

DISCUSSION

I. Claims Relying on Respondeat Superior Theory

Uber urges the Court to dismiss plaintiffs' claims 3 through 6, which rely on a theory of respondeat superior. Uber argues that plaintiffs have not alleged sufficient facts to establish that there is an employment relationship between Uber and drivers Dakiri and Aiello. Mot. at 4. Uber alternatively argues that it cannot be vicariously liable because, it claims, sexual assault falls outside the scope of an employee's duties. Id. at 9. Uber also disputes plaintiffs' assertion that Uber is a "common carrier." Id. at 13.

A. Employer-Employee Relationship

Under California law, "an employer may be held vicariously liable for torts committed by an employee within the scope of employment." Mary M. v. City of Los Angeles , 54 Cal.3d 202, 208, 285 Cal.Rptr. 99, 814 P.2d 1341 (1991) (citation omitted). The parties dispute whether Uber drivers are employees of Uber; plaintiffs allege that they are and defendants argue that they are not employees but are independent contractors. See, e.g. , A...