PEOPLE v. UBER TECHNOLOGIES, INC.

Nos. A160701, A160706.

56 Cal.App.5th 266 (2020)

THE PEOPLE, Plaintiff and Respondent, v. UBER TECHNOLOGIES, INC., et al., Defendants and Appellants.

Court of Appeals of California, First District, Division Four.

October 22, 2020.


Attorney(s) appearing for the Case

Keker, Van Nest & Peters, Christa M. Anderson , Rachael E. Meny , R. James Slaughter ; Munger, Tolles & Olson, Rohit K. Singla , Miriam Kim , Justin P. Raphael and Jeffrey Y. Wu for Defendant and Appellant Lyft, Inc.

Gibson, Dunn & Crutcher, Theodore J. Boutrous, Jr. , Theane Evangelis , Blaine H. Evanson and Heather L. Richardson for Defendant and Appellant Uber Technologies, Inc.

Crowell & Moring, A. Marisa Chun , Kayvan Ghaffari and Alice Hall-Partyka for Bay Area Council, Earth Sparks, Internet Association, Silicon Valley Leadership Group and Technet as Amici Curiae on behalf of Defendants and Appellants Lyft, Inc., and Uber Technologies, Inc.

Horvitz & Levy, Jeremy B. Rosen , Felix Shafir and Steven S. Fleischman for Chamber of Commerce of the United States of America, California Chamber of Commerce, National Retail Federation and HR Policy Association as Amici Curiae on behalf of Defendants and Appellants Lyft, Inc., and Uber Technologies, Inc.

Willenken, Amelia L. B. Sargent and Kenneth M. Trujillo-Jamison for California Asian Pacific Chamber of Commerce, California Hispanic Chambers of Commerce, California State National Action Network, CA-NAACP State Conference, Los Angeles Metropolitan Churches, Los Angeles Urban League, National Action Network Sacramento Chapter Inc., National Asian American Coalition, National Black Chamber of Commerce, National Diversity Coalition, National Hispanic Council on Aging, National Newspaper Publishers Association and Southern Christian Leadership Conference of Southern California (Communities-of-Color Organizations) as Amici Curiae on behalf of Defendants and Appellants Lyft, Inc., and Uber Technologies, Inc.

Durie Tangri, Benjamin B. Au and Raghav R. Krishnapriyan for Denise Alvarado, Tony Do, Mimi Fan, Victoria Broussard, Jim Pyatt, Daniel Farris, Robert Prather, Howard Tanner and Independent Drivers Association of California as Amici Curiae on behalf of Defendants and Appellants Lyft, Inc. and Uber Technologies, Inc.

Independent Women's Law Center, Jennifer C. Braceras ; Littler Mendelson, Bruce J. Sarchet and Michael J. Lotito for Independent Women's Law Center as Amicus Curiae on behalf of Defendants and Appellants Lyft, Inc., and Uber Technologies, Inc.

Eimer Stahl, Robert Dunn and John D. Tripoli for Mothers Against Drunk Driving and the California State Sheriffs' Association as Amici Curiae on behalf of Defendants and Appellants Lyft, Inc., and Uber Technologies, Inc.

Xavier Becerra , Attorney General, Michael L. Newman , Assistant Attorney General, Satoshi Yanai , Minsu D. Longiaru , Marisa Hernández-Stern , Mana Barari and R. Erandi Zamora-Graziano , Deputy Attorneys General; Michael N. Feuer , City Attorney (Los Angeles), Michael Bostrom , Managing Assistant City Attorney; Mara W. Elliott , City Attorney (San Diego), Mark Ankcorn , Chief Deputy City Attorney, Kevin B. King and Marni Von Wilpert , Deputy City Attorneys; Dennis J. Herrera , City Attorney (San Francisco), Ronald P. Flynn , Chief Deputy City Attorney, Yvonne R. Meré , Chief of Complex and Affirmative Litigation, Molly J. Alarcon , Sara J. Eisenberg and Matthew D. Goldberg , Deputy City Attorneys, for Plaintiff and Respondent.

Partnership for Working Families, Reynaldo Fuentes; Law Office of Beth A. Ross and Beth A. Ross for Gig Workers Rising, Mobile Workers Alliance, Rideshare Drivers United and We Drive Progress as Amici Curiae on behalf of Plaintiff and Respondent.

Altshuler Berzon, Stacey Leyton , Andrew Kushner ; Weinberg, Roger & Weinberg, David A. Rosenfeld ; Law Office of Beth A. Ross and Beth A. Ross for International Brotherhood of Teamsters, Service Employees International Union, California State Council, State Building and Construction Trades Council of California, Transport Workers Union, United Food and Commercial Workers Union, Western States Council, Unite Here and California Labor Federation as Amici Curiae on behalf of Plaintiff and Respondent.

National Employment Law Project, Nayantara Mehta , Brian Chen ; Legal Aid at Work and George Warner for National Employment Law Project, ACLU of Northern California, Asian Americans Advancing Justice-Asian Law Caucus, Bet Tzedek Legal Services, California Employment Lawyers' Association, the Center for Workers' Rights, Centro Legal de la Raza, Council on American-Islamic Relations-California Chapter, La Raza Centro Legal's Workers' Rights Program, Legal Aid at Work, the Lawyers' Committee for Civil Rights of the San Francisco Bay Area, the Women's Employment Rights Clinic of Golden Gate University School of Law and Worksafe, Inc., as Amici Curiae on behalf of Plaintiff and Respondent.

Public Rights Project, Jill E. Habig , Jonathan B. Miller , Lijia Gong and Sophia Tonnu for Public Rights Project, A Better Balance, Center for Popular Democracy, ChangeLab Solutions, Equal Justice Society, Equal Rights Advocates, National Center for Law and Economic Justice, National Center for Lesbian Rights, National Partnership for Women and Families, National Women's Law Center, One Fair Wage, Open Markets Institute, People's Parity Project, Public Counsel, Towards Justice and Women's Law Project as Amici Curiae on behalf of Plaintiff and Respondent.


OPINION

To secure a preliminary injunction, the plaintiff must establish "that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor," and, particularly where public harm is implicated, "that an injunction...

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