Case 3:17-cv-03470 Document 1 Filed 06/15/17 Page 1 of 18 1 2 3 4 5 DOUGLAS H. WIGDOR (NY SBN 2609469) JEANNE M. CHRISTENSEN (NY SBN 2622124) ELIZABETH J. CHEN (NY SBN 5126214) (To be admitted pro hac vice) WIGDOR LLP 85 Fifth Avenue, Fifth Floor New York, NY 10003 Tel.: (212) 257-6800 Fax: (212) 257-6845 6 7 8 9 10 11 JAMIE C. COUCHE (SBN 252001) ANDERSON & POOLE, P.C. 601 California Street, Suite 1300 San Francisco, CA 94108 Tel.: (415) 956-6413 Fax: (415) 956-6416 Attorneys for Plaintiff, JANE DOE 12 UNITED STATES DISTRICT COURT 13 NORTHERN DISTRICT OF CALIFORNIA 14 15 Case No.: JANE DOE, 16 Plaintiff, COMPLAINT 17 vs. JURY TRIAL DEMANDED 18 19 20 21 22 23 UBER TECHNOLOGIES, INC., TRAVIS KALANICK, in his personal and professional capacities, ERIC ALEXANDER, in his personal and professional capacities and EMIL MICHAEL, in his personal and professional capacities, Defendants. 24 25 Plaintiff Jane Doe, by and through undersigned counsel Wigdor LLP as and for her 26 Complaint against Defendants Uber Technologies, Inc. (“Uber” or the “Company”), Travis 27 Kalanick, Eric Alexander and Emil Michael (together, “Defendants”), hereby alleges as follows: 28 Page 1 of 18 Complaint for Damages Doe v. Uber Technologies, Inc. Case 3:17-cv-03470 Document 1 Filed 06/15/17 Page 2 of 18 PRELIMINARY STATEMENT 1 1. 2 3 4 Uber has taken start-up culture, in which “fierceness” and “always be hustling,” two key “Uber Competencies,” are prioritized above people to a new extreme, perpetuating rape culture and violating all bounds of decency as to customer privacy. 5 2. Plaintiff was violated physically when she was brutally raped in Delhi, India by 6 7 her Uber driver in December 2014. Sadly, in the United States, Uber executives violated her a 8 second time by unlawfully obtaining and sharing her medical records from that vicious sexual 9 assault and have failed, as of the date of this filing, to apologize to her for this outrageous 10 conduct. 11 3. Uber executives duplicitously and publicly decried the rape, expressing sympathy 12 13 14 for Plaintiff, and shock and regret at the violent attack, while privately speculating, as outlandish as it is, that she had colluded with a rival company to harm Uber’s business. 15 16 4. In December 2014, Travis Kalanick (“Kalanick”), Uber’s Chief Executive Officer, went so far as to make the following public statement: 17 What happened over the weekend in New Delhi is horrific. Our entire team’s hearts go out to the victim of this despicable crime. We will do everything, I repeat, everything to help bring this perpetrator to justice and to support the victim and her family in her recovery. 18 19 20 21 We will work with the government to establish clear background checks currently absent in their commercial transportation licensing programs. We will also partner closely with the groups who are leading the way on women's safety here in New Delhi and around the country and invest in technology advances to help make New Delhi a safer city for women.1 22 23 24 25 26 27 28 1 https://newsroom.uber.com/india/statement-from-uber-ceo-travis-kalanick/. Page 2 of 18 Complaint for Damages Doe v. Uber Technologies, Inc. Case 3:17-cv-03470 Document 1 Filed 06/15/17 Page 3 of 18 5. 1 Uber’s feigned concern was exposed shortly thereafter when the Company failed 2 to do anything to “support the victim and her family” or to “make New Delhi a safer city for 3 women.” 4 6. Kalanick, Eric Alexander (“Alexander”), Uber’s then-Vice President for Business 5 in Asia and Emil Michael (“Michael”), Uber’s then-Senior Vice President for Business, bought 6 7 into the narrative of rape denialism which focuses on whether a victim had been drinking, what 8 she was wearing, or whether she knew the alleged rapist, rather than on the very real physical, 9 emotional and financial toll that rape takes on a victim.2 10 7. By focusing on “whether she was really raped at all,” and painting Plaintiff as an 11 opportunist and a liar, Defendants seemed to be assuring themselves that the only reason why a 12 13 14 woman would report a sexual assault is for personal gain, rather than to prevent similar crimes from occurring again or to right an injustice. 15 16 8. Indeed, only by discrediting Jane Doe’s account of what happened, including her medical records about the rape, could Kalanick, Alexander and Michael have contrived such an 17 irrational and fictitious story about a rival ride-sharing company being involved in her rape 18 19 account. 9. 20 21 22 After Plaintiff’s sexual assault, Alexander went directly to Delhi where he managed to obtain Plaintiff’s confidential, private medical records generated by physicians who examined her after the brutal rape. 23 24 25 26 27 28 2 See Rebecca M. Loya, Rape as an Economic Crime: The Impact of Sexual Violence on Survivors' Employment and Economic Well-Being, J. INTERPERSONAL VIOLENCE (Nov. 6, 2014). According to studies, sexual assault and the related trauma response can disrupt survivors’ employment in several ways, including time off, diminished performance, job loss and inability to work. These outcomes can have long term impacts on the financial well-being of survivors, limiting long-term economic stability. Id. Page 3 of 18 Complaint for Damages Doe v. Uber Technologies, Inc. Case 3:17-cv-03470 Document 1 Filed 06/15/17 Page 4 of 18 1 2 3 4 10. Alexander showed the records to Kalanick and Michael. 11. Alexander, Kalanick and Michael discussed the records among themselves and with other staff at Uber, speculating that Plaintiff had made up the brutal rape in collusion with a rival of Uber in India in order to undermine Uber’s business. 5 12. Nothing was further from the truth. 13. Plaintiff was raped, and her Uber driver was convicted in a criminal proceeding 6 7 8 for her rape.3 9 10 14. This flagrantly irresponsible, defamatory and offensive theory concocted by Alexander, Kalanick and Michael has no rational basis. Upon information and belief, Alexander, 11 Kalanick and Michael have no medical training from which they could have reviewed medical 12 13 examination records of a rape victim and arrived at such a hypothesis. Indeed, Alexander’s 14 actions were just a sampling in a long series of inappropriate, discriminatory actions that he, 15 Kalanick and Michael took for years without any consequences. 16 15. By way of example only, Kalanick once sent a memo to his subordinates 17 lamenting the fact that he would remain celibate at a work-related event, writing “#FML,” which 18 19 20 in Internet-speak translates to “fuck my life,” implying that he was upset that he could not have sexual relations with his subordinates. 21 22 16. Also, by way of example only, Michael sought to hide a trip that he took with Kalanick and other male executives to a karaoke/escort bar, where each of the men selected a 23 woman who was labeled with a number to spend the night with them, much to the chagrin of a 24 25 female colleague from Uber. When she reported the incident, Michael called another witness to 26 27 28 3 https://www.theguardian.com/technology/2015/oct/20/uber-driver-convicted-of-rapingpassenger-delhi-shiv-kumar-yadav. Page 4 of 18 Complaint for Damages Doe v. Uber Technologies, Inc. Case 3:17-cv-03470 Document 1 Filed 06/15/17 Page 5 of 18 1 2 3 4 “confirm” that she would follow the party line and leave out the part of the evening where “numbered” escorts were selected. 17. Alexander continued to retain Plaintiff’s records until he was forced to turn them over in or around December 2015. 5 18. Upon information and belief, Uber continues to maintain possession of Plaintiff’s 6 7 8 9 10 medical records. 19. Uber’s board of directors has acknowledged the egregious violation of Ms. Doe’s privacy, with board member Arianna Huffington stating: “Our task now is to learn, rebuild and move forward together to write Uber’s next chapter.” 11 20. Plaintiff is devastated by the acts of Uber and its executives, who have intruded 12 13 14 15 16 into her very personal medical records from her sexual assault and callously disregarded her privacy by sharing their contents across the Company. 21. Plaintiff brings this action for intrusion into private affairs and public disclosure of private facts, as well as for defaming her character. 17 JURISDICTION AND VENUE 18 19 22. The jurisdiction of this action arises under diversity of citizenship, which is 20 codified pursuant to 28 U.S.C. § 1332. 21 Technologies, Inc. is a citizen of California, and this action involves an amount in controversy in 22 Ms. Doe is a resident of Texas, Defendant Uber excess of $75,000.00, exclusive of interest and costs. 23 23. The Court has personal jurisdiction over Defendant Uber Technologies, Inc. 24 25 because it is headquartered in San Francisco, California and conducts business in California. 26 27 28 Page 5 of 18 Complaint for Damages Doe v. Uber Technologies, Inc. Case 3:17-cv-03470 Document 1 Filed 06/15/17 Page 6 of 18 24. 1 Venue is proper in the Northern District of California pursuant to 28 U.S.C. §§ 2 1391(b) and (c) because Defendant is headquartered in this District and because Defendant 3 conducts business in this District. 4 PARTIES 5 25. Jane Doe is an adult woman who resides in Texas. 26. Defendant Uber Technologies, Inc. is a Delaware Corporation with its principal 6 7 8 place of business located at 1455 Market Street, San Francisco, California 94103. 9 10 27. Defendant Travis Kalanick is the Chief Executive Officer of Uber. Upon information and belief, Kalanick is a resident of the State of California. 11 28. Defendant Eric Alexander was, during all relevant times, the President for 12 13 Business for Uber’s Asia Pacific region. Upon information and belief, Alexander is a resident of 14 the State of California. Alexander was terminated on or about June 7, 2017 when it came to light 15 that he had obtained medical records of Plaintiff and then showed the records to Defendants 16 Kalanick and Michael, and discussed with and/or showed the records to others at the Company. 17 29. Defendant Emil Michael was, during all relevant times, the Senior Vice President 18 19 for Business at Uber. Upon information and belief, Michael is a resident of the State of 20 California. Michael departed Uber on June 12, 2017 as a result of a recommendation made in 21 connection with an investigation conducted into Uber’s culture and business practices. 22 BACKGROUND AND FACTUAL ALLEGATIONS 23 I. Uber Technologies, Inc. 24 25 30. Launched in San Francisco in June 2010, Uber operates as a “transportation 26 network company” throughout the world. In a relatively new industry called “ride-hailing,” 27 Uber connects drivers and passengers through a downloadable smartphone application (“App”) 28 Page 6 of 18 Complaint for Damages Doe v. Uber Technologies, Inc. Case 3:17-cv-03470 Document 1 Filed 06/15/17 Page 7 of 18 1 called “Uber.” Individuals who have downloaded the App use it to make a request for 2 transportation from one place to another for a fee. An Uber driver responds to the ride request, 3 picks up the individual and drives them to their destination. App users pay Uber for the ride 4 through the App with a credit card. Uber pays the driver a share of the fare collected, and retains 5 the remainder. 6 31. 7 Uber is available to the general public through its App. It charges standardized 8 fees (subject to multipliers during “surge pricing” periods) to customers in every city in which it 9 operates, in the same way that a traditional taxi company does. 10 32. Uber’s business model requires an enormous pool of drivers in order to provide 11 rides to customers quickly and efficiently. To accomplish this, Uber solicits and retains 12 13 thousands of non-professional drivers. Uber markets to potential drivers on its website, where it 14 states: “Uber needs partners like you. Drive with Uber and earn great money. . . Get paid 15 weekly just for helping your community of passengers get rides around town.” After these 16 drivers are hired by Uber, Uber makes the drivers available to the public to provide rides via the 17 App. 18 19 20 21 22 33. As of April 2017, Uber has employed over 1 million drivers and claims to be adding hundreds of thousands of drivers to its payroll every month. 34. Uber’s valuation has soared to $70 billion in 2017, and it is reported that the company generated $6.5 billion in revenues in 2016. 23 35. As of July 2016, it was reported that Uber had raised nearly $12 billion in total 24 25 26 funding, and the Company had previously stated that it had plans to hold an initial public offering (“IPO”) in 2017. 27 28 Page 7 of 18 Complaint for Damages Doe v. Uber Technologies, Inc. Case 3:17-cv-03470 Document 1 Filed 06/15/17 Page 8 of 18 36. 1 Uber has seen a barrage of negative press this year, including a New York Times 2 report alleging numerous cases of workplace sexual harassment at Uber, scathing reports from 3 attorneys Perkins Coie LLP and Covington & Burling LLP resulting in numerous terminations, 4 as well as the departure, voluntary and involuntary, of numerous high-level executives. The 5 negative publicity appears to have halted the company’s plans, and Uber has not confirmed if it 6 7 will be holding an IPO in 2017. 37. 8 9 Neither drivers nor customers are charged fees to download the Uber App. Uber’s sole source of revenue is from charges to customers for rides. 10 38. Uber’s reckless expansion is the precise factor that has led to such staggering 11 profits in such a short amount of time. 12 39. 13 Uber’s goal of dominating and controlling the emerging ride-hailing market at the 14 expense of a healthy workplace culture free of unlawful invasions of privacy and discrimination 15 is a calculated decision made by senior executives that continues through the present. 16 40. By rewarding employees who perform, regardless of complaints of 17 discrimination, unlawful behavior or unethical practices, Uber has created an unrestrained, 18 19 untenable work environment that permits and even encourages employees to engage in shocking 20 and inappropriate behavior. 21 II. 22 Uber’s Unrestrained, Unethical Executives 41. From the highest levels of the Company including the board level, Uber makes an 23 intentional decision to look the other way when hiring and supervising its executives, essentially 24 25 26 letting them “run wild” so long as new business ventures continue to succeed and profits continue to roll in. 27 28 Page 8 of 18 Complaint for Damages Doe v. Uber Technologies, Inc. Case 3:17-cv-03470 Document 1 Filed 06/15/17 Page 9 of 18 42. 1 It was not until early 2017, when former Uber engineer Susan Fowler publicly 2 complained about systemic gender discrimination at Uber, that the Company took any steps to 3 examine the issue of whether her complaints were true. 4 Unfortunately, by that time, sex discrimination had become rampant across the Company. 5 43. Absent public pressure from reporters at publications like The New York Times, 6 7 Reuters and Recode, Uber would have continued to reward and promote employees who were 8 unlawfully discriminating against subordinates and brushing complaints of discrimination under 9 the proverbial rug. 10 44. Kalanick has been caught on tape berating an Uber driver4 and has sent out a 11 highly inappropriate memorandum to staff regarding rules for having sex during a Company 12 13 14 offsite event (including stating: “Yes, that means that Travis will be celibate on this trip. #CEOLife #FML,” referring to the phrase “fuck my life” in Internet slang).5 15 16 45. Michael is no better, having suggested that Uber should hire a team of opposition researchers to dig up dirt on the personal lives and backgrounds of reporters who were reporting 17 negatively on Uber. In particular, he wanted research on Sarah Lacy, who had accused the 18 19 Company of “sexism and misogyny.”6 46. 20 21 Michael also sought to silence a Human Resources complaint of gender discrimination, which alleged that he, Kalanick and other male executives all went to an escort 22 23 24 4 https://www.theverge.com/2017/2/28/14766868/uber-driver-argument-ceo-traviskalanick-video. 25 5 26 27 28 https://www.recode.net/2017/6/8/15765514/2013-miami-letter-uber-ceo-kalanickemployees-sex-rules-company-celebration. 6 https://www.buzzfeed.com/bensmith/uber-executive-suggests-digging-up-dirt-onjournalists?utm_term=.fgxLYX4N6#.qy1vX7rMb. Page 9 of 18 Complaint for Damages Doe v. Uber Technologies, Inc. Case 3:17-cv-03470 Document 1 Filed 06/15/17 Page 10 of 18 1 bar in Korea and selected “numbered” women to spend time with them for the evening. His 2 attempts were in vain, however, as the report came to light anyway, as did his attempts to cover it 3 up.7 4 III. Invasion of Jane Doe’s Privacy 5 47. On December 5, 2014, Plaintiff was sexually assaulted and raped by an Uber 6 7 driver named Shiv Kumar Yadav (“Yadav”). 8 48. Yadav had driven Plaintiff off-route to a remote and secluded area of Delhi, India. 9 49. Subsequent to the rape, Plaintiff reported it to the police and underwent a medical 10 examination in connection the report. 11 50. This report was highly confidential as it involved Plaintiff’s personal medical 12 13 information and extremely sensitive details about the brutal rape. 51. 14 15 16 In undergoing the examination by the physician, Plaintiff believed that she had a reasonable expectation of privacy in her medical records and that they would not be disseminated to anyone beyond the police. 17 52. Plaintiff’s medical examination and the police report led to charges being filed 18 19 against Yadav with concomitant criminal proceedings. 53. 20 21 Two days after the incident, Travis Kalanick, Uber’s Chief Executive Officer, made the following public statement: 22 What happened over the weekend in New Delhi is horrific. Our entire team's hearts go out to the victim of this despicable crime. We will do everything, I repeat, everything to help bring this perpetrator to justice and to support the victim and her family in her recovery. 23 24 25 26 27 28 7 https://www.theverge.com/2017/3/25/15061270/uber-employee-company-trip-southkorean-escort-bar. Page 10 of 18 Complaint for Damages Doe v. Uber Technologies, Inc. Case 3:17-cv-03470 Document 1 Filed 06/15/17 Page 11 of 18 We will work with the government to establish clear background checks currently absent in their commercial transportation licensing programs. We will also partner closely with the groups who are leading the way on women's safety here in New Delhi and around the country and invest in technology advances to help make New Delhi a safer city for women. 1 2 3 4 54. 5 6 Just a few days later, on or about December 13, 2014, Defendant Eric Alexander met with Delhi police and intentionally obtained Plaintiff’s confidential medical records. 7 55. Intrusion into medical records of a rape victim is highly offensive. 56. Alexander examined the records closely and showed them to Kalanick and 8 9 10 Michael. 11 57. Upon information and belief, Alexander does not have any medical training. 12 58. Upon information and belief, Kalanick does not have any medical training. 59. Upon information and belief, Michael does not have any medical training. 60. Alexander, Kalanick and Michael also discussed Plaintiff’s records with 13 14 15 16 numerous staff throughout Uber, including non-executives, and disseminated a defamatory 17 theory that Plaintiff had “made up” her rape and was colluding with a rival taxi/ride-hailing 18 company to jettison Uber’s business in India. 19 61. Alexander obtained Plaintiff’s records and shared them with Kalanick and 20 Michael so that he could attempt to defame and undermine her very serious allegations of sexual 21 22 assault and rape. 62. 23 24 25 Plaintiff’s medical records were not of legitimate public concern, especially because criminal proceedings were already underway as a result of Plaintiff’s report to the police. 26 63. Alexander carried around Plaintiff’s medical records in a briefcase. 27 28 Page 11 of 18 Complaint for Damages Doe v. Uber Technologies, Inc. Case 3:17-cv-03470 Document 1 Filed 06/15/17 Page 12 of 18 1 64. Alexander and, upon information and belief, others at Uber retained a physical 2 copy of Plaintiff’s medical records until in or around December 2015. Shockingly, it is not 3 possible to estimate the number of times that Alexander waved Ms. Doe’s medical information 4 around Uber office’s during this time period. 5 65. Although it is unlawful and despicable that Alexander shared her sensitive 6 7 8 9 10 information with even one person not privy to the ongoing legal issues in Delhi, it is clear that multiple individuals were informed about various details or shown the actual documents. 66. In or around December 2015, others at Uber demanded that Alexander turn over the records. 11 67. Upon information and belief, Uber continues to retain a copy of Plaintiff’s 12 13 14 15 16 medical records. 68. In or around spring 2017, it was reported that Uber had hired two law firms, Perkins Coie LLP and Covington & Burling LLP, to investigate claims of sexual harassment as well as general workplace culture and misconduct. 17 69. On or about June 6, 2017, it was reported that Uber had terminated approximately 18 19 20 21 22 23 24 25 20 employees in connection with the Perkins Coie investigation. 70. That particular investigation, as of June 6, 2017, had, as of that date, resulted in the following:      215 total incident reports, including sexual harassment, bullying, bias and retaliation. 20 terminations so far. 31 employees in training or counseling. 7 written warnings. 100 cases with no action taken. 26 27 28 Page 12 of 18 Complaint for Damages Doe v. Uber Technologies, Inc. Case 3:17-cv-03470 Document 1 Filed 06/15/17 Page 13 of 18  1 71. 2 3 4 57 cases still open.8 On or about June 7, 2017, Recode reported that Alexander had not been among the 20 employees terminated, showing that he was still insulated from the consequences of his actions. 5 72. It was not until questioning regarding his flagrant privacy violations of Plaintiff 6 7 that Recode later learned that Alexander had been terminated.9 73. 8 9 Plaintiff was devastated when she learned that her extremely private, confidential medical records had been passed around Uber. 10 74. Plaintiff, through her counsel, requested an apology, but sadly as of this filing, 11 none has been made. 12 75. 13 Furthermore, Plaintiff was shocked and horrified to learn that her medical records 14 were the basis of rampant entirely unfounded, defamatory, spurious and callous speculation that 15 Plaintiff had made up her claims in collusion with a rival tax/ride-hailing company. 16 17 18 76. 19 20 forth herein. 21 22 FIRST CAUSE OF ACTION (Intrusion into Private Affairs) Against All Defendants    Plaintiff realleges and reasserts each of the preceding paragraphs as if fully set 77. Plaintiff had a reasonable expectation of privacy in her medical records and police report filed on her behalf upon which Defendants intentionally intruded. 23 24 25 8 26 27 28 https://www.recode.net/2017/6/6/15749216/perkins-coie-lawyer-bobbie-wilson-uberfirings-dogged-investigating-misbehavior-not-over. 9 https://www.recode.net/2017/6/7/15754316/uber-executive-india-assault-rape-medicalrecords. Page 13 of 18 Complaint for Damages Doe v. Uber Technologies, Inc. Case 3:17-cv-03470 Document 1 Filed 06/15/17 Page 14 of 18 78. 1 2 This intrusion into Plaintiff’s private medical records would be highly offensive to a reasonable person and Plaintiff was harmed as a result of such intrusion. 3 4 79. Defendants’ conduct was a substantial factor in Plaintiff’s harm. 80. As a result of Defendants’ deliberate misrepresentations of material facts, Plaintiff 5 suffered significant damages. 6 81. 7 Defendants knew or should have known that their intrusion into Plaintiff’s private 8 affairs would cause or had a substantial probability of causing severe emotional distress to 9 Plaintiff, and in fact did cause and continues to cause her severe emotional distress. 10 82. Defendants knew or reasonably should have known that Defendants’ intrusion 11 into Plaintiff’s private affairs would be highly offensive, so as to warrant the imposition of 12 13 punitive damages pursuant to California Civil Code Section 3294. 83. 14 15 16 The conduct of Defendants was also engaged in with fraud, oppression and/or malice, and was in conscious disregard of the rights and safety of others, including, but not limited to, Plaintiff herein, so as to warrant the imposition of punitive damages pursuant to 17 California Civil Code Section 3294. 18 19 20 Accordingly, Plaintiff is entitled to recovery against Defendants in an amount to be determined at trial. 21 SECOND CAUSE OF ACTION (Public Disclosure of Private Facts) Against All Defendants 22 23 84. Plaintiff realleges and reasserts each of the preceding paragraphs as if fully set 24 25 26 27 forth herein. 85. Defendants publicized private information concerning Plaintiff, including, but not limited to, medical records regarding a sexual assault and rape. 28 Page 14 of 18 Complaint for Damages Doe v. Uber Technologies, Inc. Case 3:17-cv-03470 Document 1 Filed 06/15/17 Page 15 of 18 1 2 3 4 86. A reasonable person in Plaintiff’s position would consider publicity regarding such records to be highly offensive and heinous. 87. Defendants knew or should have known that a reasonable person in Plaintiff’s position would consider publicity highly offensive. 5 88. The private information made public by Defendants was not of legitimate public 6 7 8 9 10 concern. 89. As a direct and proximate result of the publicity of her private information and the unlawfulness of Defendants’ behavior, Plaintiff sustained serious harm. 90. Defendants knew or should have known that their publicity of Plaintiff’s private 11 information would cause or had a substantial probability of causing severe emotional distress to 12 13 14 15 16 Plaintiff, and in fact did cause and continues to cause her severe emotional distress. 91. Defendants knew or reasonably should have known that Defendants’ publicity of Plaintiff’s private information would be highly offensive, so as to warrant the imposition of punitive damages pursuant to California Civil Code Section 3294. 17 92. The conduct of Defendants was also engaged with fraud, oppression and/or 18 19 malice, and was in conscious disregard of the rights and safety of others, including, but not 20 limited to, Plaintiff herein, to warrant the imposition of punitive damages pursuant to California 21 Civil Code Section 3294. 22 93. Accordingly, Plaintiff is entitled to recovery against Defendants in an amount to 23 be determined at trial. 24 25 26 27 28 Page 15 of 18 Complaint for Damages Doe v. Uber Technologies, Inc. Case 3:17-cv-03470 Document 1 Filed 06/15/17 Page 16 of 18 1 2 3 4 94. THIRD CAUSE OF ACTION (Defamation Per Se) Against Defendants Kalanick, Alexander and Michael    Plaintiff realleges and reasserts each of the preceding paragraphs as if fully set forth herein. 5 95. Defendants Kalanick, Alexander and Michael made numerous statements to each 6 7 8 9 10 other and other employees at Uber that Plaintiff was fraudulently claiming that she had been raped in collusion with a rival of Uber. 96. Defendants Kalanick, Alexander and Michael, as well as employees at Uber, reasonably understood that the statements were about Plaintiff. 11 97. Defendants Kalanick, Alexander and Michael, as well as employees at Uber, 12 13 14 15 16 reasonably understood the statements to mean that Plaintiff was committing the crime of fraud by falsely alleging that she had been raped. 98. Defendants Kalanick, Alexander and Michael failed to use reasonable to care to determine the truth or falsity of the statements. 17 99. Plaintiff learned about the statements of Defendants Kalanick, Alexander and 18 19 20 21 22 Michael on or about June 7, 2017. 100. As a result of Defendants Kalanick’s, Alexander’s and Michael’s deliberate misrepresentations of facts, Plaintiff suffered significant damages. 101. Defendants Kalanick, Alexander and Michael knew or should have known that 23 their defamatory statements regarding Plaintiff would cause or had a substantial probability of 24 25 26 causing severe emotional distress to Plaintiff, and in fact did cause and continues to cause her severe emotional distress. 27 28 Page 16 of 18 Complaint for Damages Doe v. Uber Technologies, Inc. Case 3:17-cv-03470 Document 1 Filed 06/15/17 Page 17 of 18 1 102. Defendants Kalanick, Alexander and Michael knew or reasonably should have 2 known that their defamatory statements regarding Plaintiff would be highly offensive, so as to 3 warrant the imposition of punitive damages pursuant to California Civil Code Section 3294. 4 103. Accordingly, Plaintiff is entitled to recovery against Defendants in an amount to 5 be determined at trial. 6 PRAYER FOR RELIEF 7 8 9 10 WHEREFORE, Plaintiff prays that the Court enter judgment in her favor and against Defendants, containing the following relief: A. A declaratory judgment that the actions, conduct and practices of Defendants 11 complained of herein violate the laws of the State of California and any other applicable 12 13 14 15 16 jurisdiction within the United States of America; B. An injunction and order permanently restraining Defendants from engaging in such unlawful conduct; C. Enter a permanent injunction directing that Uber take all affirmative steps 17 necessary to remedy the effects of the unlawful conduct alleged in this Complaint, and to prevent 18 19 20 21 22 repeated occurrences in the future; D. An award of damages in an amount to be determined at trial, plus prejudgment interest, to compensate Plaintiff for all physical, monetary and/or economic harm; for harm to her reputation; for all non-monetary and/or compensatory harm, including, but not limited to, 23 compensation for mental anguish and physical injuries; all other monetary and/or non-monetary 24 25 losses suffered by Plaintiff; 26 E. An award of punitive damages; 27 F. An award of costs that Plaintiff has incurred in this action, as well as Plaintiff’s 28 Page 17 of 18 Complaint for Damages Doe v. Uber Technologies, Inc. Case 3:17-cv-03470 Document 1 Filed 06/15/17 Page 18 of 18 1 2 reasonable attorneys' fees and expenses to the fullest extent permitted by law; and G. Such other and further relief as the Court may deem just and proper. JURY DEMAND 3 4 5 6 Plaintiff hereby demands a trial by jury on all issues of fact and damages stated herein. Dated: June 15, 2017 New York, New York Respectfully submitted, 7 WIGDORLLP 8 By~ll-~ 9 ougias H. Wigdor Jeanne M. Christensen Elizabeth J. Chen 10 11 85 Fifth Avenue New York, NY 10003 Telephone: (212) 257-6800 Facsimile: (212) 257-6845 dwigdor(a),wigdorlaw.com jchristensen(cl{wigdorlaw.com echen(@,wigdorlaw.com 12 13 14 15 16 17 18 19 20 601 California Street, Suite 1300 San Francisco, CA 94108 Tel.: (415) 956-6413 Fax: (415) 956-6416 jcouche(@,adplaw.com 21 22 23 24 Counsel for Plaintiff 25 26 27 28 Page 18of18 Complaint for Damages Doe v. Uber Technologies, Inc.