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DENNIS J. HERRERA, SBN 139669
City Attorney, City of San Francisco
RONALD P. FLYNN, SBN 184186
Chief Deputy City Attorney
YVONNE R. MERÉ, SBN 173594
Chief of Complex and Affirmative Litigation
MOLLY J. ALARCON, SBN 315244
SARA J. EISENBERG, SBN 269303
MATTHEW D. GOLDBERG, SBN 240766
Deputy City Attorneys
Office of the San Francisco City Attorney
1390 Market Street, Sixth Floor
San Francisco, California 94102-5408
Telephone: (415) 554-3800
E-mail: matthew.goldberg@sfcityatty.org

ELECTRONICALLY

FILED

Superior Court of California,
County of San Francisco

06/23/2020

Clerk of the Court
BY: EDNALEEN ALEGRE
Deputy Clerk

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Attorneys for the People of the State of California
[Plaintiff’s Counsel Continued on Next Page]
SUPERIOR COURT OF THE STATE OF CALIFORNIA

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COUNTY OF SAN FRANCISCO

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UNLIMITED JURISDICTION

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Case No. CGC-20-584402
PEOPLE OF THE STATE OF CALIFORNIA,

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Plaintiff,
v.

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UBER TECHNOLOGIES, INC., A DELAWARE
CORPORATION; LYFT, INC., A DELAWARE
CORPORATION; AND DOES 1-50, INCLUSIVE,
Defendants

DECLARATION OF MOLLY J. ALARCON IN
SUPPORT OF PLAINTIFF’S EX PARTE
APPLICATION FOR LEAVE TO FILE
OPENING MEMORANDUM IN SUPPORT OF
MOTION FOR PRELIMINARY INJUNCTION
IN EXCESS OF PAGE LIMIT
Hearing Date:
Hearing Time:
Dept.:
Judge:

June 24, 2020
11:00 AM
302
Hon. Ethan P. Schulman

Date Action Filed:
Trial Date:

May 5, 2020
None Set

Attachment: Exhibit A

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DECLARATION OF MOLLY J. ALARCON ISO PLAINTIFF’S EX PARTE APP. TO EXCEED PAGE LIMITS;
CASE NO. CGC-20-584402

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Additional counsel for the People (Continued From Preceding Page):

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XAVIER BECERRA
Attorney General of California
MICHAEL L. NEWMAN
Senior Assistant Attorney General
SATOSHI YANAI, SBN 186355
Supervising Deputy Attorney General
MINSU D. LONGIARU, SBN 295899
MARISA HERNÁNDEZ-STERN, SBN 282477
MANA BARARI, SBN 275328
R. ERANDI ZAMORA-GRAZIANO, SBN 281929
Deputy Attorneys General
1515 Clay Street, 20th Floor
P.O. Box 70550
Oakland, California 94612-0550
Telephone: (510) 879-1300
Fax: (510) 622-2170
E-mail: Minsu.Longiaru@doj.ca.gov

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MICHAEL N. FEUER
City Attorney, City of Los Angeles
MICHAEL BOSTROM, SBN 211778
Managing Assistant City Attorney
DANIELLE GOLDSTEIN, SBN 257486
Deputy City Attorney
Office of the Los Angeles City Attorney
200 North Spring Street, 14th Floor
Los Angeles, California 90012
Telephone: (213) 978-1867
E-mail: michael.bostrom@lacity.org

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MARA W. ELLIOTT
City Attorney, City of San Diego
MARK ANKCORN, SBN 166871
Chief Deputy City Attorney
KEVIN B. KING, SBN 309397
MARNI VON WILPERT, SBN 321447
Deputy City Attorneys
San Diego City Attorney’s Office
1200 Third Avenue, Suite 1100
San Diego, California 92101-4100
Telephone: (619) 236-6220
E-mail: KBKing@sandiego.gov

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Attorneys for People of the State of California

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DECLARATION OF MOLLY J. ALARCON ISO PLAINTIFF’S EX PARTE APP. TO EXCEED PAGE LIMITS;
CASE NO. CGC-20-584402

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I, MOLLY J. ALARCON, declare as follows:
1.

I am an attorney licensed to practice in the State of California and am a Deputy City

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Attorney at the San Francisco City Attorney’s Office, located at 1390 Market Street, 7th Floor, San

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Francisco, CA 94102, counsel for the People in the above-captioned proceeding.

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2.

I have personal knowledge of the facts set forth in this declaration, and if called to

testify as a witness, I could testify competently thereto.
3.

On June 23, 2020 at 8:04 AM, I was copied on an email sent by Satoshi Yanai,

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Supervising Deputy Attorney General at the Attorney General’s Office, California Department of

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Justice, located at 300 S. Spring Street, Los Angeles, California 90013, and also counsel for the People

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in this matter, to counsel for defendant Uber Technologies, Inc. (“Uber”), Theane Evangelis, Blaine

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Evanson, Heather Richardson, and Victoria Weatherford, and to counsel for Lyft, Inc. (“Lyft”),

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Christa Anderson, Brook Dooley, Eric MacMichael, and Elizabeth McCloskey. Attached hereto as

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Exhibit A is a true and correct copy of the e-mail sent by the People’s counsel to defendants’ counsel.

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4.

In this email, counsel for the People provided notice to counsel for Defendants that the

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People would file this ex parte application in Department 302 to be heard at 11:00 AM on June 24,

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2020 seeking permission to file a memorandum in support of the People’s Motion for Preliminary

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Injunction of thirty pages in length. Counsel for the People asked whether Defendants would oppose

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this request.

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5.

At approximately 4:30 PM on June 23, 2020, I participated in a conference call with

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counsel for Plaintiff and counsel for Defendants, including R. James Slaughter and Eric MacMichael

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for Lyft and Theane Evangelis and Heather Richardson for Uber. During the telephone call, the

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People and Defendants (the “Parties”) agreed to the following: (1) Defendants agreed not to oppose

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the People’s request to file a thirty-page opening memorandum in support of the People’s Motion for

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Preliminary Injunction, (2) the People agreed not to oppose each Defendants’ request to file twenty-

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five page memoranda of opposition, and (3) Defendants agreed not to oppose the People’s request to

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file a twenty-page memoranda in reply. The Parties also agreed to include this information about the

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Parties’ agreement in this attorney declaration, and to include it in the proposed order for this

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DECLARATION OF MOLLY J. ALARCON ISO PLAINTIFF’S EX PARTE APP. TO EXCEED PAGE LIMITS;
CASE NO. CGC-20-584402

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Application. Defendants agreed to appear at the ex parte hearing to verify that the Parties reached this

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agreement regarding page limits.

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I declare, under penalty of perjury under the laws of the State of California, that the foregoing
is true and correct. Executed on June 23, 2020 in San Francisco, California.

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_____________________________________
MOLLY J. ALARCON

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DECLARATION OF MOLLY J. ALARCON ISO PLAINTIFF’S EX PARTE APP. TO EXCEED PAGE LIMITS;
CASE NO. CGC-20-584402

 Exhibit A

 From:
To:
Cc:
Subject:
Date:

Satoshi Yanai
canderson@keker.com; bdooley@keker.com; emacmichael@keker.com; Elizabeth K. McCloskey; Weatherford,
Victoria L.; Evangelis, Theane; Richardson, Heather L.; Evanson, Blaine H.
Minsu Longiaru; Maria Luzy Ochoa; Michael Bostrom; Goldberg, Matthew (CAT); Alarcon, Molly (CAT); King,
Kevin; von Wilpert, Marni; "Ankcorn, Mark"; marissag@sandiego.gov
People of the State of California v. Uber Technologies, Inc. and Lyft, Inc.
Tuesday, June 23, 2020 8:04:09 AM

Dear counsel:
 
The People intend to file a motion for preliminary injunction this Thursday, June 25, 2020 in
Department 302 in the case of People of the State of CA v. Uber Technologies, Inc., and Lyft, Inc.,
pending in California Superior Court, County of San Francisco. We are conferring with you with
respect to a hearing date, and intend to notice the hearing for July 23, 2020.  Please let us know
immediately if you have any concerns about that date or wish to propose an alternative.  We are
available to discuss by phone if you would like.
 
This email also serves as notice that the People will file an ex parte application in Department 302 at
11:00 AM on June 24, 2020 requesting an order authorizing the People to file a memorandum in
support of its motion in excess of the stated page limit. The People seek thirty (30) pages to
accommodate their memorandum. Please indicate if you oppose this request.
 
Thank you,
 
Satoshi Yanai
Supervising Deputy Attorney General
Office of the Attorney General
Worker Rights and Fair Labor Bureau
300 S. Spring Street, Suite 1702
Los Angeles, CA 90013
(213) 269-6400
satoshi.yanai@doj.ca.gov
 

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