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`~ ~ ~~~~~y ~e~u~y than tm b~ ~ ~

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~~'~i4~~i~~~, boa° ~n#~ o~ Po i

+~- ---~ _

IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF MULTNOMAH

CITY OF PORTLAND; a municipal

corporation of the State of Oregon,

Plaintiff,

v.

UBER TECHNOLOGIES, INC., a Delaware

corporation, and RASTER, LLC, its wholly

owned subsidiary,

Defendants.

Case No. 14CV 18915

COMPLAINT FOR DECLARATORY

NDGMENT OF UNLAWFUL AND

UNPERMITTED ACTIVITY, INJUNCTIVE

RELIEF TO ENSURE UNLAWFUL AND

UNPERMITTED ACTIVITY CEASES, AND

STATUTORY VIOLATIONS

(Not Subject to Mandatory Arbitration)

Plaintiff City of Portland, a municipal corporation of the State of Oregon, by and through

the Portland Bureau of Transportation ("PBOT"), alleges as follows:

NATURE OF ACTION

1.

This is an action by the City of Portland against Uber Technologies, Iric. and its wholly

owned subsidiary Rasier, LLC (hereafter collectively "Uber") for declaratory relief, injunctive

relief and statutory violations for Uber's failure to comply with the City of Portland's Private

For-Hire Transportation Regulations found in Chapter 16.40 of the Portland City Code and

accompanying Administrative Rules. Uber operates in the City of Portland, Oregon, providing

for-hire vehicular transportation for compensation through its uberX platform. However, Uber

does not comply with the applicable laws, regulations and Administrative Rules adopted by the

City of Portland, Oregon, for providing for-hire vehicular transportation for compensation. This

lawsuit seeks declaratory relief that Uber is subject to and in violation of the City of Portland's

1 — COMPLAINT FOR DECLARATORY JUDGMENT

PORTLAND CITY ATTORNEY'S OFFICE

1221 SW 4TH AVENUE, RM. 430

PORTLAND, OREGON 97204

TELEPHONE: (503) 823-4047

FAX: (503)823-3069

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Private For-Hire Transportation Regulations and Administrative Rules and seeks an injunction

against Uber prohibiting them from conducting business (as defined in Portland City Code

section 16.40.030 J.) or operating (as defined in Portland City Code section 16.40.030 Y.) within

the City of Portland, Oregon, including through the use of the Uber smartphone application, and

including contracting with unpernutted drivers, unless and until Uber chines into compliance

with the permit, insurance and other requirements of Portland City Code Chapter 16.40 (Private

for Hire Transportation Regulations).

PARTIES

2.

Plaintiff City of Portland, is a municipal corporation of the State of Oregon duly

organized and e~sting under the laws of the State of Oregon.

3.

Defendant Uber Technologies, Inc. is a Delaware corporation and defendant Rasier, LLC

is its wholly owned subsidiary, both with a principal place of business in San Francisco,

California, which are presently operating in Portland, Oregon, under the name of uberX. Uber is

currently providing for-hire vehicular transportation for compensation through its uberX

platform in the City of Portland.

a

Upan information and belief, neither Uber Technologies, Inc. nor Racier, LLC are

registered to do business in the State of Oregon or the City of Portland in violation of Chapter 60

of the Oregon Revised Statutes and Portland City Code Chapter 7.02 Business License Law.

VENUE AND JURISDICTION

5.

The Circuit Court of the State of Oregon has subject matter jurisdiction pursuant to ORS

28.010 and 28.020 and ORS 30.315 and Portland City Charter Section 1-103 and Portland City

Code Chapter 16.40, et seq.

— COMPLAINT FOR DECLARATORY NDGMENT

PORTLAND CITY ATTORNEY'S OFFICE

1221 SW 4TH AVENUE, RM. 430

PORTLAND, OREGON 97204

TELEPHONE: (503) 8234047

FAX: (503)8233089

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6.

The Multnomah County Circuit Court has personal jurisdiction over the defendants.

7.

Venue is proper in Multnomah County Circuit Court because one or more of the .

defendants transact business in Multnomah County under ORS 14.030, 14.050 and 14.080.

FACTUAL ALLEGATIONS

Oregon State law delegates regulation of vehicles for hire to cities and counties in this

State pursuant to ORS 221.485 and 221.495 that operate within their respective jurisdictions.

Portland City Code Chapter 16.40 and the corresponding Achninistrative Rules

promulgated by the Private For-Hire Transportation Board of Review regulate Private for-hire

Transportation within the City of Portland which is defined as ."providing vehicular, horse-drawn

carriage or pedicab transportation for compensation of~any kind within the. Portland City Limits."

PCC 16.40.030 HH.

10.

The Offstreet Parking and Regulatory Division of the City of Portland's Bureau of

Transportation is responsible for enforcing the provisions of Chapter 16.40 of the Portland City Code.

11.

The regulations in Chapter 16.40 of the Portland City Code make a distinction between,

Limited Passenger Transportation (LPT) vehicles (and companies) and Taxicabs (and Taxicab

Companies) which are specifically excluded from the LPT category and regulatory scheme.

12.

A Taxicab Company is "any entity operating t~icabs other than as a driver and

regardless of whether the vehicles so operated are owned by the company, leased, or owned by

individual members of the company." PCC 16.40.030 NN.

3 — COMPLAINT FOR DECLARATORY JTJDGMENT

PORTLAND CITY ATTORNEY'S OFFICE

1221 SW 4TH AVENUE, RM. 430

PORTLAND, OREGON 97204

TELEPHONE: (503) 823-0047

' FAX: (503)823-3089

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13.

A Taxicab is "any vehicle that carries passengers for-hire where the destination and route

traveled may be controlled by a passenger and the fare is calculated on the basis of an uutial fee,

distance traveled, waiting time, or any combination thereof" PCC 16.40.030 PP.

14.

Limited Passenger Transportation (LPT) means "providing for-hire transportation

services with non-motorized vehicles or motorized vehicles other than taxicabs. LPTs include,

but are not limited to, horse-drawn carriages, pedicabs, executive sedans, limousines, shuttles

~.nd SATs." PCC 16.40.030 W.

i5.

A Limited Passenger Transportation Company means "a for-hire transportation company

other than a taxi company." PCC 16.40.030 V.

16.

To operate means "driving afor-hire vehicle, using afor-hire vehicle to conduct a

business, receiving money from the use of a for-hire vehicle, or causing or allowing another

person to do the same." PCC 16.40.030 Y.

17.

Uber Technologies, Inc. ("Uber") began illegally operating for-hire vehicular transportation

for compensation through its uberX and/or Rasier, LLC platForm in the City of Portland on the

evening of December 5, 2014. To date, neither Uber nor any of its contracted drivers have applied

for, or been granted any company, driver or vehicle permits to operate within the City of Portland

as required by Chapter 16.40 of the Portland City Code.

18.

Uber operates private for-hire transportation services in the City of Portland. On

December 8, 2014, the Portland Bureau of Transportation ("PBOT") confu-med that Uber's

website lists the uberX service available in Portland for a base fare of $1.50, plus $.30 per

~ — COMPLAINT FOR DECLARATORY JUDGMENT

PORTLAND CITY ATTORNEY'S OFFICE

1221 SW 4TH AVENUE, RM. 430

PORTLAND, OREGON 97204

TELEPHONE: (503) 823-0047

FAX:(503)823~089

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minute, plus $1.55 per mile with a $1.00 per ride "safe ride fee." On information and belief, the

City of Portland asserts that LTber also applies an additional "surge pricing" model during times

of peak demand. Additionally, the uberX application continues to show cars and drivers

available to provide for-hire transportation within the City of Portland.

19:

The requirements of Chapter 16.40 —along with any penalties assessed for violations

apply to all for-hire transportation companies, vehicles and drivers, whether legally and validly

permitted or not. PCC 16.40.020 A. It is not- a defense to any regulatory action (including

penalties and fines) to assert that the City cannot act because the driver, company or vehicle does

not possess a valid City-issued permit, decal or taxiplate. PCC 16.40.020 B.

20.

Under Chapter 16.40, no person may drive afor-hire transportation vehicle without a

valid current for-hire transportation driver's pern~.it issued under Chapter 16.40. PCC

16.4D.090 A. Uber has contracted drivers to drive for-hire transportation vehicles without

requiring such drivers to obtain valid, current for-hire transportation driver's permits anal Uber

drivers have failed to obtain such permits.

21.

The City of Portland asserts that Uber also is in violation of the following civil and

criminal provisions of Chapter 16.40.

a. As a Taxicab Company

• 16.40.150 Taxicab Company Permits Required —Application Process

& Requirements.

• 16.40.190 LPT Decals and Taxiplates Required; Application Process

& Requirements.

~ 16.40.220 -Vehicle Decal and Taxiplate Issuance or. Denial.

• 16.40.270 Minimum Standards of Service for Taxicab Companies.

• 16.40.280 Taxicab Digital Security Camera Systems.

• 16:40.290 Taxicab Fare Rates.

• 16.40.300 Wheelchair Accessible Taxicabs.

• 16.40.310 Taximeter Requirements.

• 16.40.320 Required Taxicab Equipment.

— . COMPLAINT FOR DECLARATORY NDGMENT

PORTLAND CITY ATTORNEY'S OFFICE

1221 SW 4TH AVENUE, RM. 430

PORTLAND, OREGON 97204

TELEPHONE: (503) 8231}047

FAX: (5031 8233089

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• 16.40.330 Identification of Taxicab Vehicles.

• 16.40.410 LPT and Tai Insurance Requirements.

• 16.40.450 Limousine, Executive Sedan and Taxi Logs Required.

~ 16.40.500 Compliance with Federal, State and Local Laws.

• 16.40.560 Criminal Penalties.

b. As Limited Passenger Transportation Vehicle

• 16.40.090 LPT and Taxi Driver Permits Required —Application

Process &Requirements.

• 16.40.130 LPT Company Permits Required —Application Process &

Requirements.

• 16.40.190 LPT Decals and TaYiplates Required; Application Process

& Requirements:

• 16.40.220 Vehicle Decal and Taxiplate Issuance or Denial.

• 16.40.410 LPT and Taxi Insurance Requirements.

• 16.40.450 Zimousine, Executive Sedan and Taxi Logs Required.

• 16.40.500 Compliance with Federal, State and Local Laws.

• 16.40.560 Criminal Penalties.

22.

In accordance with the provisions listed in paragraph 21, above, Chapter 16.40 of the

Portland City Code subjects LPT Companies and LPT vehicles to a number of general

regulations that are also applicable to Taxicab Companies and Taxicabs. Both LPT and Taxicabs

(vehicles and companies) are generally subject to the same treatment with regard to driver

permitting, conduct and maximum hours, the renewal of company permits, insurance

requirements, financial information, reporting obligations, vehicle inspection and the licensing

and maintenance of vehicles used by the companies. PCC 16.40.090 through 16.40.170.

23.

Taxicab Companies must track the date and time of the initial reservation, and the initial

and destination addresses. PCC 16.40.450 C.

24.

LPT Companies must track the customer name, the passenger name if different from the

customer name, the date and time of the initial reservation, the' date, start and end times of the

trip, the initial and destination addresses, and the fare amount paid. PCC 16.40.540 B.

i — COMPLAINT FOR DECLAI~ATORY JUDGMENT

PORTLAND CITY ATTORNEY'S OFFICE

1221 SW 4TH AVENUE, RM. 430

PORTLAND, OREGON 97204

TELEPHONE: (503) 823~D47

FAX: (503) 823-3089

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25.

In addition to the requirements applicable to LPT Companies and vehicles, Taa~icab

Companies and Taxicabs are subject to regulations including:

a. Having a dispatch system in operation 24 hours per day capable of providing

prompt service.

b. Acceptance of any request for taxicab service received from any location within

the City.

c. Service city-wide, 24 hours per day, 7 days a week.

d. Having no more than 65% of the company's permitted vehicles within a one mile

radius of the Portland International Airport at any given time.

e. The company must have a minimum fleet of 15 taxicabs.

f. At least two-thirds of the company's permitted fleet must be utilized and in

service at all times.

g. Digital security cameras are required in all taxicabs.

h. T~icabs are .subject to m~imum rates proscribed by Portland City Code

currently set at $2.50 initial charge for one passenger and $1.00 for each

additional passenger, a waiting charge of $30.00 per hour, and no more than $2.30

per mile traveled.

i. At least 20% of a taxicab company's fleet must be wheelchair accessible.

j. A taxicab must limit the hours its drivers are on duty to no more than 14 hours in

a 24-hour period.

k. Each taxicab must be painted a unique color and display on both sides of each

t~icab the full name of the company, the taxi number, the company telephone

number and the word "taxi," "cab," or "t~icab."

PCC 16.40.270 through 16.40.330.

//////

7 — COMPLAINT FOR DECLARATORY JUDGMENT

PORTLAND CITY ATTORNEY'S OFFICE

1221 SW 4TH AVENUE, RM. 430

PORTLAND, OREGON 97204

TELEPHONE: (503) 823-0047

FAX: (503)823-3089

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LPT Companies engaged in limousine or executive sedan services are also subject to a

$50.00 minimum trip fare between Portland's downtown core andlor the Amtrak station and the

Portland International Airport. The minimum rates are proscribed in Administrative Rules. PCC

16.40.480 A and 16.40.480-1. The minimum flat rate currently set by Administrative Rule is

$50.00.

27.

Portland City Code also requires limousine and executive sedan services must be at 35%

higher than the prevailing taxicab rates for the same route. PCC 16.40.480 B.

28.

All limousine and executive sedan service must be provided on a prearranged basis.

Prearranged is defined in Administrative Rule and means that 60 minutes must pass between the

time that a reservation is made and the time that the customer is transported. PCC 16.40.460 A,

16.40.460-1.

29.

Although LJber effectively dispatches drivers to pick up the same passengers as taxicabs

and LPT vehicles, Uber's drivers do not comply with the requirements set by the City of

Portland..

30.

Uber drivers and companies violating City Code are subject to. potential civil and

criminal penalties. PCC 16.40.530 and 16.40.560.

31.

Civil penalties are provided in a table at PCC 16.40.540 which ranges in several

thousands of dollars. Criminal penalties are also provided in PCC 16.40.560 with a fine of

$1,000 or imprisonment for not more than six months or both.

//////

8 — COMPLAINT FOR DECLARATORY JUDGMENT

PORTLAND CITY ATTORNEY'S OFFICE

1221 SW 4TH AVENUE, RM. 430

PORTLAND, OREGON 972D4

TELEPHONE: (503) 823-4047

FAX: (503)8233089

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32.

Uber's drivers similarly do not conform with Portland City Code sections.

33.

In Portland, all taxicab and for-hire vehicles must pass regular inspections showing that

they are safe, clean and comfortable, tasks which the drivers themselves typically must complete

although they do not earn fare revenue. Similarly, drivers are prohibited from providing taxi or

for-hire service unless their vehicles are equipped with a digital security camera, and fare meter.

T'he company is required to carry commercial liability insurance and vehicle insurance. Upon

information and belief, the vehicles dispatched by Uber do not comply with these requirements,

avoiding the costs imposed on drivers and other companies.

34.

While Uber presently employs different terminology in their promotional materials to

describe their services than do other Taxicab and LPT providers, the services provided.are

nonetheless private for-hire transportation operated in contravention of applicable legal

requirements:

a. Uber efFectively dispatches for-hire passenger transportation services, for

compensation over the roads of the City of Portland.

b. Uber does not hold a valid company permit for either a Taxicab Company or a

LPT Company, nor are they permitted in any jurisdiction as a Taxicab or LPT

service.

c. All prospective customers of Uber must first download a Smart Phone application

"app" and enter into an online agreement under terms dictated by Uber. Those

terms include a waiver of any and a.11 liability to ~Uber.

d. The customer provides credit card information to Uber.

e. Customers hail a car through the "app" instead of a human dispatcher. Uber

charges for service are calculated by the "app" software, based on time and

9 — COMPLAINT FOR DECLARATORY JUDGMENT

PORTLAND CITY ATTORNEY'S OFFICE

1221 SW 4TH AVENUE, RM. 430

PORTLAND, OREGON 97204

TELEPHONE: (503) 823-4047

FAX: (503)823-3069

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distance and billed to the customer's credit card through the "app" rather than

through a certified taxi meter.

f. Drivers do not directly collect a fare from the customer. Instead, Uber charges the

fare to the customer's credit card through its "app." Uber collects a portion of the

total charges (including tip) and the balance to the driver.

g. Uber drivers are drawn from the general public and use personal vehicles which

are personally insured. Uber does not require Uber drivers to purchase

commercial auto insurance or have local business licenses or perrriits.

h. Uber does not require its drivers to comply with for-hire passenger carrier

regulations, either state or local, including City of Portland regulations. Drivers

are screened by Uber based on their own criteria, not through City of Portland

employees.

i. Unlike licensed Taxicab Company and LPT Companies lawfully permitted to

dispafch taxicabs and LPT vehicles to passengers which must satisfy all

applicable Code requirements, Uber exempts itself from any duty to provide fair

and equal service. Uber only dispatches drivers to customers who can pay by

credit caxd and have used its Internet application or website to request a vehicle.

A phone ca11 request from a customer is not accepted, nor is cash. Uber admits it

seeks to serve wealthy, technology-connected passengers, leaving those with less

means in technology to be served by the regulated taxicab and LPT drivers.

35.

On December 8, 2014, the City of Portland ordered Uber to cease and desist their

unlawFul operations. A copy of the cease and desist letter is attached hereto as Exhibit A.

36.

Currently, Uber is illegally operating for-hire transportation services by providing

vehicular transportation for compensation without a valid permit issued by the City of Portland

10 — COMPLAINT FOR DECLARATORY JUDGMENT

PORTLAND CITY ATTORNEY'S OFFICE

1221 SW 4TH AVENUE, RM. 430

PORTLAND, OREGON 97204

TELEPHONE: (503) 823047

FAX:(5031823-3089

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or any permit issued by any local jurisdiction to authorize Taxicab and LPT services nor

complying with the numerous additional regulations outlined above. In so doing, Uber is

willfully refusing to comply with City of Portland Code and regulations enacted to protect people

of the City of Portland.

FIRST CLAIM FOR RELIEF — IJ1vLAWFUL AND UNPERMITTED ACTNITY

(Declaratory Judgment Under ORS 28.010 and .020 Declaring That Uber Technologies, Inc.

Is Subject to Chapter 16.40 of the Portland City Code and

Accompanying Admin. Rules and that Uber Technologies, Inc. Is

In Violation of PCC 16.40 and Accompanying Regulations)

37.

The allegations contained in paragraphs 1 through 36, above, are hereby incorporated by

this reference.

38.

Uber is subject to the provisions of Chapter 16.40 of the.Portland City Code end the

accompanying Administrative Rules.

~]

Uber is in violation of Chapter 16.40 of the Portland City Code and the accompanying

Administrative Rules.

Uber's failure to comply with Chapter 16.40 of the Portland City Code and the

accompanying Administrative Rules harms the public interest by depriving the public of the

rights and protections provided within those regulations.

SECOND CLAIM FOR RELIEF —UNLAWFUL AND UNPERMITTED ACTNITY

(Declaratory Judgment Under Portland City Charter 1-103 Declaring That Uber Technologies,

Inc.- Is Subject to Chapter 16.40 of the Portland City Code and

Accompanying Admire. Rules and that Uber Technologies, Inc. Is

In Violation of PCC 16.40 and Accompanying.Regulations)

41.

The allegations contained in paragraphs 1 through 40, above, are hereby incorporated by

this reference.

11 — COMPLAINT FOR DECLARATORY JUDGMENT

PORTLAND CITY ATTORNEY'S OFFICE

1221 SW 4TH AVENUE, RM. 430

PORTLAND, OREGON 97204

TELEPHONE: (503) 82311047

FAX: (5031823-3089

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Uber is subject to the provisions of Chapter 16.40 of the Portland City Code and the

accompanying Administrative Rules.

43.

Uber is in violation of Chapter 16.40 of the Portland City Code and the accompanying

Administrative Rules.

44.

Uber's failure to comply with Chapter 16.40 of the Portland City Code and the

accompanying Administrative Rules harms the public interest by depriving the public of the

rights and protections provided within those regulations.

THIRD CLAIM FOR RELIEF —UNLAWFUL AND UNPERMITTED ACTNITY

(TDeclaratory Judgment Under ORS 30.315 Declaring That Uber Technologies, Inc.

Is Subject to Chapter 16.40 of the Portland City Code and

Accompanying Adinin. Rules and that Uber Technologies, Inc. Is

In Violation of PCC 16.40. and Accompanying Regulations)

45.

The allegations contained in paragraphs 1 through 44, above, are hereby incorporated by

this reference.

Uber is subject to the provisions of Chapter 16.40 of the Portland City Code and the

accompanying Adminisfirative Rules.

47.

Uber is in violation of Chapter 16.40 of the Portland City Code and the accompanying

Administrative Rules.

48.

Uber's failure to comply with Chapter 16.40 of the Portland City Code and the

accompanying Administrative Rules harms the public interest by depriving the public of the

rights and protections provided within those regulations.

12 — COMPLAINT FOR DECLARATORY JUDGMENT

PORTLAND CI7YATTORNEI^S OFFICE

1221 SW 4TH AVENUE, RM. 430

PORTLAND, OREGON 97204

TELEPHONE: (503) 823-0A47

FAX: (503)823-3089

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FOURTH CLAIM FOR RELIEF

(Injunction —Court Intervention Necessary to Ensure

Unlawful and Unpermitted Activity Ceases)

49.

The allegations contained in paragraphs 1 through 48, above, are hereby incorporated by

~ this reference.

50.

This Court has jurisdiction to enjoin Uber in accordance with .ORCP 79, Chapter 1-103 of

the Charter of the City of Portland, Portland City Code Chapter 16.40 and accompanying

Administrative Rules, ORS 28.010 and 28.020 and 30315(D) and (E).

51.

An injunction would be appropriate because Uber is illegally providing vehicular

transportation for compensation without complying with numerous provisions of Portland City

Code Chapter 16.40 designed to protect the public health, safety anal welfare as outlined above.

This list of statutory violations outlined above is not exclusive, and plaintiff reserves the right to

rely on other and further violations of the law which are discovered in the course of discovery

and investigation in this matter.

52.

Uber's above-listed operation poses an unmediate, real and substantial violation of the

Portland City Code and accompanying Administrative Rules.

53.

Uber's operations pose an immediate, real and substantial threat to the public; including

but not limited to, the fact that each passenger Uber diverts is being exposed to a risk of harm

from drivers who do not have lawful commercial licenses or commercial insurance, and are

screened only by Uber and not by local authorities. Passengers axe further forced by Uber into

giving a waiver from any and all liability, damages, jury trial and other important rights as a

condition of Uber terms of service. The public is unwittingly deprived of the benefits and

13 — COMPLAINT FOR DECLARATORY. JUDGMENT

PORTLAND CIlY ATTORNEY'S OFFICE

1221 SW 4TH AVENUE, RM. 430

PORTLAND, OREGON 97204

TELEPHONE: (503) 823-4047

FAX: (503)823-3089

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protections of Portland's City Code and Administrative Rules by virtue of the fact that Uber

willfully ignores such laws and disclaims any responsibility.

54:

Plaintiff seeks an injunction immediately enjoining Uber from conducting business (as

defined in Portland City Code section 16.40.030 J.j or operating (as defined in Portland City

Code section 16.40.030 Y.) within the City of Portland, Oregon, including through the use of the

Uber smartphone application, and including contracting with unpermitted drivers, unless and

until Uber comes into compliance with the pernut, insurance and other requirements of Portland

City Code Chapter 16.0 (Private for Hire Transportation Regulations).

55.

No equitable defenses exist and the public interest would be served by granting an

injunction.

FIFTH CLAIM FOR RELIEF

(Uber's Failure to Register its Business-Portland City Charter 1-103,

City Code Section 16.40.500, and ORS 30.315)

56.

The allegations contained in paragraphs 1 through 55, above, are hereby incorporated by

this reference.

57.

Portland City Code Sections 7.02300 and 7.02.510 require that all persons subject to the

requirements of this Chapter must register with the Bureau on a form provided or approved by

the Bureau.

58.

To date, Uber nor its drivers have complied with the provisions of PCC 7.02.300 and

7.02.510.

//////

//////

14 — COMPLAINT FOR DECLARATORY JUDGMENT

PORTLAND CITY ATTORNEY'S OFFICE

1221 SW 4TH AVENUE, RM. 430

PORTLAND, OREGON 97204

TELEPHONE: (503) 823-0047

FAX: (503)823-3089

Case 3:14-cv-01958-SI Document 1-1 Filed 12/08/14 Page 14 of 24
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59.

The Court should declare that Uber is in violation of PCC 7.02.300 and 7.02.510 and

should be enjoined from operating in Portland until it has been complied with this provision.

.1

ORS 60.701 and 60.704 prohibits a foreign corporation from transacting business in this

State until it has. been authorized to do so by the Secretary of State. State statutory provisions are

incorporated in Portland City Code 16.40.500 which requires compliance with federal, state and

local laws. A search of Corporation Commission records finds that Uber Technologies, Inc. has

failed to register with the State of Oregon and, accordingly, this Court should declare that Uber is

subject to ORS 60.701, ORS 60.704, PCC 7.02300, PCC 7.02.510, and PCC 16.40.500 and that

Uber is in violation of those provisions and should be enjoined from doing business until it has

properly complied with those requirements.

WHEREFORE, based upon the foregoing, the City of Portland seeks an order as follows:

(a) For an Order declaring that defendant is subject to Chapter 16.40 of the

Portland City Code and accompanying Administrative Rules and that

defendant is in violation of Chapter 16.40 of the Portland City Code and

accompanying Administrative Rules under ORS 28.010.28.020, Portland

City Charter 1-103 andlor ORS 30.315.

(b) That a preliminary injunction be issued immediately enjoining defendant

from conducting business (as defined in Portland City Code section

16.40.030 J.) or operating (as defined in Portland City Code section

16.40.030 Y.) within the City of Portland,, Oregon, including through the

use of the Uber smartphone application, and including contracting with

unpermitted drivers, unless and until Uber comes into compliance with the

permit, insurance and other requirements of Portland City Code Chapter

16.40 (Private for Hire Transportation Regulations).

15 — COMPLAINT FOR DECLARATORY JUDGMENT

PORTLAND CITY ATTORNEY'S OFFICE

1229 SW 4TH AVENUE, RM. 430

PORTLAND, OREGON 97204

TELEPHONE: (503) 823-4047

FAX: (503)823-3089

Case 3:14-cv-01958-SI Document 1-1 Filed 12/08/14 Page 15 of 24
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(c) That the Court, after a trial on the merits, issue a permanent injunction

against defendant, enjoining it from operating afor-hire transportation

company providing vehicular transportation for compensation in the City

of Portland.

(d) For an Order declaring that defendant is in violation of ORS 60.701,

60.704 and Portland City Code 7.02..300 and 7.02.510 for failing to

register as a foreign corporation with the State of Oregon and with the

City of Portland.

(e) For its reasonable attorney fees and costs, and whatever other relief the

Court deems just and proper in this case.

December 8, 2014.

Respectfully submitted,

TRACY REF~'VE, OSB #891123

City Attorney

Email: tracv.reeve ,portlandoregon:gov

J.SCOTT MOEDE, OSB #934816

Chief Deputy City Attorney

Email: scott.moede(a~portlandore o~n.~ov

KENNETH A. McGAIR, OSB #990148

Senior Deputy City Attorney

Email: ken.mcsair(cr~,nortlandore~on.~ov

Of Attorneys for Plaintiff

16 — COMPLAINT FOR DECLARATORY JUDGMENT

PORTLAND CITY ATTORNEY'S OFFICE

1221 SW 4TH AVENUE, RM. 430

PORTLAND, OREGON 97204

TELEPHONE: (503)823-4047

FAX:~(503)823-3089

Case 3:14-cv-01958-SI Document 1-1 Filed 12/08/14 Page 16 of 24
I1 Y UiPORTLAND

BUREAI~ OF

TRANSPORTATION

Steve December 8, 2014

No~hak

t,nnuni5siourr

Ms. Brooke Steger

Leah T~~eat General Manager, Uber, Inc.

Dir~~run~ 506 2"`~ Avenue #3100

Seattle, WA 98104-2349

Email: Brooke@uber.com

Re: Cease and Desist Order —Violations of Portland City Code Chapter 16:40

Dear Ms. Steger:

Portland City Code Chapter 16.40 regulates Private for-hire Transportation within the

City of Portland. "[P]roviding vehicular :..transportation for compensation of any kind within

the Portland City Limits" constitutes Private for-hire Transportation subject to the City's

regulations. PCC 16.40.030~HH. ~ The requirements of PCC Chapter 16.40 apply to all Private

for-hire Transportation companies, vehicles and drivers conducting business in the City, whether

or not legally permitted. PCC 16.40.U20. "`Conduct[ing] Business' means operating afor-hire

vehicle or company, receiving money or other compensation from the use of a fQr-hire vehicle,

causing or allowing another person to do the same, or advertising the same." PCC 1 b.40.U30 J.

"Operate" means "driving afor-hire vehicle, using afor-hire .vehicle to conduct a business,

receiving money from the use of a for-hire vehicle, or causing or allowing another person to do

the same." PCC 16.40.030 Y.

It has come to oiu• attention that Uber Technologies, Inc. ("Uber"} and/or its wholly

owned subsidiary Rasier, LLC (collectively "Uber") began illegally conducting and operating

Private for-hire Transportation (within the definirion of PCC 16.40.030 J and Y) in khe CiTy of

Portland through its uberX platform on the evening of December 5, 2014. Uber and its drivers

have failed to comply with the permit and other important public health and safety requirements

of PAC Chapter i b.40.

~ The exception for "transportation provided by a public or governmental entity, transporta#ion

that is regulated entirely by the State of Oregon or the federal go~rernment" is inapplicable.

~t2t~ tip- rir~i, a~~~u~u~. Suilo nOif PurU~in~l. OF3 07211-1 if►'3-523-:iiRS EXHIBIT A

FA\ SU:~,523-7576 11Y 503-~i23-SbG~ ~1~a~~.poMlxnd~~ri+~;un.~~r lr~ns~wrl.ilitxa Page 1 of 3

Apt Equ~il In ~~ntiiur r~pi,d .0 ~.n,ti. Iie~ P+alLuti! f3twr~~m ,~f lr,mya~rld(IIHI ttal IiiilAl' ~U.1111111I1tIfl~dinn. in lull +wnpii~nu ~~ aiilt li~lr \1 nl flue C:i~il R~;1nti ai I of 1964. Aar ~A Tilly. 11.

Op~nn•itmilt .ind ml~itrd ~~~ilWn, an4 m;:utal8witi in .+II ~uv;,~~~nn arnl ~x.li~iticc F„r a~ ~ u~iimutl~ni~rci+,iml ~idclilinn,d i~Uimn,di~3n. dn~l i umpl~~~niti. un~~.ut IIk~ TiNr~ II and Tilla 1'I

t1l~pinl~4• Cnnntiuulnr ~d liin~ru 1211E 11~rD b11 fish .l~r.. Pnrlland. lNi Sii"_O L ur in lelvphnrir :ill.;-i:y 3- l~~i. [ah iTY it1.;~.ti'..;~Cri(i~. ar+n~+ fAr,w~~ (i~~l~n ti~haii ie 711.

Case 3:14-cv-01958-SI Document 1-1 Filed 12/08/14 Page 17 of 24
For example, no person may drive afor-hire transportation vehicle without a valid,

current for-hire transportation dz7ver's permit issued under Chapter 16.40. PCC 16.40.090 A.

Uber drivers operating in Portland have not obtained such permits.

In addition, all for-hire transportation companies are required to obtain a permit to

operate.- PCC 16.40.020 A, PCC 1b.40.130 A, and PCG 16.40.150 A. Under the City's

regulatory scheme, there are two types of vehicular Private for-hire Transportation companies:

T~icab Companies and Limited Passenger Transportation Companies. A Taxicab Company is

"any entity operating taxicabs other than as a driver and regardless of whether the vehicles so

operated axe owned by the company, leased, or owned by individual members of the company."

PGC 16.40.030 NN.2 A Limited Passenger Transportation Company is any "for-hire

transportation company other than a taxi company." PCC 16.40.030 V. Both are required to

obtain permits under PCC Chapter 16.40. PCC 16.40.150 ("No person or entity may conduct

business as a taxicab company without a valid, current permit issued by the City under Chapter

16.40"} and PAC 16.40.130 ("No person or entity may conduct business as an LPT for-hire

transportation company without a valid, current LPT company permit issued by the Gity under

Chapter ] 6.40"). All for-hire transportation companies must be validly registered with the

Secretary of state of the State of Oregon, inc]uding all assumed business names_ PCC

1 b.40.130 D (LPT Companies}; PCC 16.40.150 C (T~icab Companies).

All for-hire transportation companies must also obtain, comply with and maintain

minimum levels of insurance to protect the public. PCC 1 fz.40.410. Uber has provided no

euidence of compliance with these requirements {or indeed of compliance with any of the City's

applicable regulations). A full copy of the Cit3+ of Portland's Private For-Hire Transportation

Regina#ions can be found online at:

http•//www ~ortlandonline.com/auditor/index.cfm?c=28593#cid 502545. .

1 am hereby directing that Uber Technologies, Inc., Rasier, LLC, uberX andlor any

other Uber-aff~iated entity immediately cease and desist operating within the City of

Portland until such time as appropriate permits are obtained and Uber is in full

compliance wi#b the requirements of PCC Chapter 16.40. Please alert all Uber-aft"~liated

drivers that they are to cease and desist operating any for-hire transportation on your

behalf in the City of Portland without the required .permits and until they are in full

compliance with Chapter 16.40.

2 A Taxicab is "any vehicle that carries passengers for-hire where the destination and route

traveled may be controlled by a passenger and the fare is calculated an the basis of an initial fee,

distance traveled, waiting time, or vly combination thereof" PCC 16.40.030 PP.

EXHIBIT A

Page 2 of 3

Case 3:14-cv-01958-SI Document 1-1 Filed 12/08/14 Page 18 of 24
The City witl be taking appropriate enforcement action against Uber's illegal acrivities

and those of its'drivers; which may include bringvng suit against Uber for injunctive and o#hex

relief, imposing civic and criminal penalties, impounding illegally operated for-hire vehicles and

any other steps deemed necessary and appropriate to protect the public.

KAM/kam

c: Gregory Chaimov

Harry Korrell

Sincerely,

.~ ~ =-

~1v_a~ _€

Leah Tr y

Director, Portland Bureau of Transportation

EXHIBIT A

Page 3 of 3

Case 3:14-cv-01958-SI Document 1-1 Filed 12/08/14 Page 19 of 24
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CERTIFICATE OF SERVICE

I hereby certify that I served the foregoing COMPLAINT FOR DECLARATORY

JUDGMENT OF UNLAWFUL AND UNPERMITTED ACTIVITY, INJiJNCTIVE RELIEF

TO ENSURE UNLAWFUL AND UNPERMITTED ACTIVITY CEASES, AND STATUTORY

VIOLATIONS on:

Gregory A. Chaimov

Davis Wright Tremaine LLP

Suite 2400

1300 SW Fifth Avenue

Portland, OR 97201

Harry Korrell

Davis Wright Tremaine LLP

Suite 2200

1201 Third Avenue

Seattle, WA 98101

Attorneys for Defendants

on December S; 2014, by causing a full, true and correct copy thereof, addressed to the lastknown address (or fax number) of said attorneys, to be sent by the following method(s):

by mail to Mr. Korrell in a sealed envelope, with postage paid, and deposited with the

U.S. Postal Service in Portland, Oregon.

by hand delivery to Mr. Chaimov.

❑ by facsimile transmission.

by email.

1 —CERTIFICATE OF SERVTCE

TRACY REEVE, OSB #891123

City Attorney .

Email: tracy.reeve@portlandoregon.gov

Fax: (503) 823-3089

Of Attorneys for Plaintiff

PORTLAND CITY ATTORNEY'S OFFICE

1221 SW 4TH AVENUE, RM. 430

PORTLAND, OREGON 97204

TELEPHONE: (503) 823-4047

FAX: (5~3) 8233089

Case 3:14-cv-01958-SI Document 1-1 Filed 12/08/14 Page 20 of 24
IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR 'TF~ COUNTY OF MULTNOMAH

CITY OF PORTLAND, a municipal

corporation of the State of Oregon,

Plaintiff,

v.

UBER TECHNOLOGIES, INC., a Delaware

corporation, and RASTER, LLC, its wholly

owned subsidiary,

Defendants.

Case No. 14CV 18915

SUMMONS

TO: Uber Technologies, Inc., c/o Gregory A. Chaimov, Davis Wright Tremaine LLP

Suite 2400, 1300 SW Fifth Avenue, Portland, OR 97201-5630

You are hereby required to appear and defend the complaint filed against you in the above entitled action witivn thirty (30)

days from the date of service of this summons upon you, and in case of your failure to do so, for want thereof, plaintiffs) will

apply to the court for the relief demanded in the complaint.

NOTICE TO THE DEFENDANT: READ TT-~SE

PAPERS CAREFULLY!

You must "appear" in this case or the other side will Signature of tt rney/Author for Plaintiff

win automatically. To "appear" you must file with the

court a legal.paper called a "motion" or "answer." The

"motion" or "answer'' must be given to the court clerk or

administrator within 30 days along with the required

filing fee. It must be in proper form and have proof of

service on the plaintiff s attorney or, if the plainriff does

not have an attorney, proof of service upon the plaintiff.

If you have any questions, you should see an attorney

immediately. If you need help in finding an attorney,

you may call the Oregon State Bar's Lawyer Referral

Service at (503) 684-3763 or toll-free in Oregon at (800)

452-7636.

Tracy Reeve, OSB #891123

City Attorney

Portland City Attorney's Office

1221 SW 4th Avenue, Suite 430

Portland, OR 97204

(503)823-4047

Trial Attorney if Other Than Above, Bar No.

STATE OF OREGON, County of Multnomah, ss.

I, the undersigned attorney of record for the plainriff, certify that the'fore mg is an exact and complete copy of the original

summons in the above entitled action.

Attorney of Re rd for Plaintiff

TO THE OFFICER OR OTI-~R PERSON SERVING THIS SUMMONS: You are hereby directed to serve a true copy of this

summons, together with a true copy of the complaint mentioned therein, upon the individuals) or other legal entity(ies) to

whom or which this summons is directed, and to make your proof of service on the reverse hereof or upon a separate similar

document which you shall attach hereto.

Attorney of Record for Plaintiff

Case 3:14-cv-01958-SI Document 1-1 Filed 12/08/14 Page 21 of 24
IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF MULTNOMAH

CITY OF PORTLAND, a municipal

corporation of the State of Oregon,

Plaintiff,

v.

UBER TECHNOLOGIES, INC., a Delaware

corporation, and RASTER, LLC, its wholly

owned subsidiary,

Defendants.

Case No. 14CV 18915

SUMI~IONS

TO: Racier, LLC, c/o Gregory A. Chaimov, Davis Wright Tremaine LLP

Suite 2400, 1300 SVJ Fifth Avenue, Portland, OR 97201-5630

You are hereby required to appear and defend the complaint filed against you in the above entitled action within thirty (30)

days from the date of service of this summons upon you, and in case of your failure to do so, for want thereof, plaintiffs) will

apply to the court for the relief demanded in the complaint.

NOTICE TO THE DEFENDANT: READ TI~SE

PAPERS CAREFULLY!

You must "appear" in this case or the other side will

win automatically. To "appeal" you must file with the

court a legal paper called a "motion" or "answer." The

"motion" or "answer" must be given to the court clerk or

administrator within 30 days along with the required

filing fee. It must be in proper form and have proof of

service on the plaintiff s attorney or, if the plaintiff does

not have an attorney, proof of service upon the plainriff

If you have any questions, you should see an attorney

immediately. If you need help in finding an attorney,

you may call the Oregon State Bar's Lawyer Referral

Service at (503) 684-3763 or toll-free in Oregon at (800)

452-7536.

Signature of Attorney Author for Plaintiff

Tracy Reeve, OSB #891123

City Attorney

Portland City Attorney's Office

1221 SW 4th Avenue, Suite 430

Portland, OR 97204

(503)823-4047

Trial Attorney if Other Than Above, Bar No.

STATE OF OREGON, County of Multnomah, ss.

I, the undersigned attorney of record for the plaintiff, certify that the forego' is an act and complete copy of the original

summons in the above entitled action.

Attorney ecord for lain

TO THE OFFICER OR OTHER PERSON SERVING THIS SUMMONS: You are hereby directed to serve a true copy of this

summons, together with a true copy of the complaint mentioned therein, upon the individuals) or other legal entity(ies) to

whom or which this summons is directed, and to make your proof of service on the reverse hereof or upon a separate similar

document which you shall attach hereto.

Attorney of Record for Plaintiff

Case 3:14-cv-01958-SI Document 1-1 Filed 12/08/14 Page 22 of 24
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1N THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF MULTNOMAH

CITY OF PORTLAND, a municipal Case No. 14CV 18915

corporation of the State of Oregon,

Plaintiff, ACCEPTANCE OF SERVICE OF

SUMMONSES AND COMPLAINT

v.

UBER TECHNOLOGIES, INC., a Delaw

corporation, and RASIER, LLC, its wholly

owned subsidiary,

Defendants.

I, Gregory A. Chaimov, one of the attorneys for defendants Uber Technologies, Inc.

and Rasier, LLC, having been duly authorized to do so by my clients, hereby accept service

of the Summonses and Complaint on behalf of defendants and hereby waive all irregularities

of service.

DATED: December , 2014.

Respectfully submitted,

Gregory A. Chaimov, OSB #822180

Davis Wright Tremaine LLP

Suite 2400

1300 SW Fifth Avenue

Portland, OR 97201=5630

Of Attorneys for Defendants

1 —ACCEPTANCE OF SERVICE OF SUMMONSES AND COMPLAINT

PORTLAND CITY ATTORNEY'S OFFICE

1221 SW 4TH AVENUE, RM. 430

PORTLAND, OREGON 97204

TELEPHONE: (503) 8234047

FAX: (503)823-3089

Case 3:14-cv-01958-SI Document 1-1 Filed 12/08/14 Page 23 of 24
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CERTIFICATE OF SERVICE

I hereby certify that I served the foregoing ACCEPTANCE 4F SERVICE OF

SUMMONSES AND COMPLAINT on:

Gregory A. Chaimov

Davis Wright Tremaine LLP

Suite 2400

1300 SW Fifth Avenue

Portland, OR 97201

Harry Korrell

Davis Wright Tremaine LLP

Suite 2200

1201 Third Avenue

Seattle, WA 98101

Attorneys for Defendants

on December 8, 2014, by causing a full, true and correct copy thereof, addressed to the lastknown address (or fax number) of said attorneys, to be sent by the following method(s):

by mail on Mr. Korrell in a sealed envelope, with postage paid, and deposited with the

U.S. Postal Service in Portland, Oregon.

by band delivery on Mr. Chaimov.

❑ by facsimile transmission.

by email.

1 —CERTIFICATE OF SERVICE

TRACY REE , OS #891123

City Attorney

Email: tracy.reeve@portlandoregon.gov

Fax: (503) 823-3089

Of Attorneys for Plaintiff

PORTLAND CITY ATTORNEY'S OFFICE

1221 SW 4TH AVENUE, RM. 430

PORTLAND, OREGON 97204

TELEPHONE: (503) 823-4047

FAX: (503) 8233089

Case 3:14-cv-01958-SI Document 1-1 Filed 12/08/14 Page 24 of 24