City of S.F. v. Uber Techs., Inc.

248 Cal. Rptr. 3d 273, 36 Cal. App. 5th 66
CourtCalifornia Court of Appeal, 5th District
DecidedMay 17, 2019
DocketA153205
StatusPublished
Cited by3 cases

This text of 248 Cal. Rptr. 3d 273 (City of S.F. v. Uber Techs., Inc.) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of S.F. v. Uber Techs., Inc., 248 Cal. Rptr. 3d 273, 36 Cal. App. 5th 66 (Cal. Ct. App. 2019).

Opinion

Petrou, J.

*70Appellants Uber Technologies, Inc., Raiser-CA, LLC, and Rasier, LLC (collectively, Uber) challenge an order directing them to comply with administrative subpoenas issued by the City Attorney of San Francisco (the City Attorney) for reports and data submitted to the California Public *277Utility Commission (CPUC).1

We find that it was within the City Attorney's investigative powers to issue the administrative subpoenas. We further find that section 1759 of the Public Utilities Code2 did not deprive the trial court of jurisdiction and that the primary jurisdiction doctrine did not apply to postpone enforcement of the administrative subpoenas. In addition, we find Uber's confidentiality arguments to be without merit given the protective order stipulated to by Uber and issued by the trial court. Therefore, we affirm.

FACTS AND PROCEDURAL HISTORY

Uber operates "transportation networking companies" (TNC) in numerous locations, including San Francisco. TNCs "facilitate prearranged transportation services, using smart-phone applications to network riders looking for rides with independent third party transportation providers (Drivers) looking to provide rides at their convenience with their personal vehicles." Tens of thousands of drivers use the Uber smart phone application to arrange rides in San Francisco.

As a TNC, Uber is regulated by the CPUC. All TNCs are required to submit reports and data to the CPUC on an annual basis (the CPUC Annual Reports). This requirement includes reports and data submitted via CPUC

*71spreadsheet templates concerning: (1) accessible vehicles; (2) service by zip code; (3) problems with drivers; (4) hours logged by drivers; (5) miles logged by drivers; and (6) drivers' completion of driver training courses. TNCs are also required to file an annual accessibility plan which must include information regarding access needs, timelines for responding to such needs, and a "plan for ensuring that drivers' review of customers will not be used in a manner that results in discrimination." Finally, TNCs must submit a narrative report addressing their plans for provisions of services to disabled communities.

The Investigation and Administrative Subpoenas

The City and County of San Francisco (the City) is a municipal corporation existing under its charter and the laws of the State of California. It is empowered by the California Constitution to control its own municipal affairs. (See Cal. Const., art. XI, §§ 3 - 6.) Article XI of the California Constitution recognizes the City's authority to enforce laws of general application via its police power. (See Cal. Const., art. XI, § 7.) The City's charter states the City Attorney must "[r]epresent the City and County in legal proceedings with respect to which it has an interest" (§ 6.102(1).) and empowers the City Attorney to commence legal proceedings whenever a cause of action "in favor of the City ... is within [its] knowledge." (S.F. Charter, § 6.102(3).) The San Francisco Administrative Code empowers the City Attorney to employ subpoenas when the City Attorney investigates any potential violations of municipal law (S.F. Admin. Code, § 2A.230) or California law (S.F. Admin. Code, § 2A.231). (See Dibb v. County of San Diego (1994) 8 Cal.4th 1200, 1213-1219, 36 Cal.Rptr.2d 55, 884 P.2d 1003 [charter county has the power to confer subpoena power]; citing *278Brown v. City of Berkeley (1976) 57 Cal.App.3d 223, 236, 129 Cal.Rptr. 1 [charter city review board granted power to issue subpoenas].)

After receiving numerous complaints from the San Francisco Municipal Transportation Agency (SFMTA) regarding illegal parking, traffic congestion, and safety hazards caused by TNC vehicles, the City Attorney opened an investigation into possible violations of state and municipal law by TNCs, including Uber. The City Attorney also based its investigation upon a San Francisco police department study showing that TNCs accounted for nearly 65% of all moving violations for driving in transit lanes and bicycle lanes, obstructing bicycle lanes and traffic lanes, failure to yield to pedestrians, and illegal U-turns in business districts; media reports that Uber and Lyft, Inc. (Lyft, another TNC) incentivize drivers to drive hundreds of miles before starting driving shifts in San Francisco; and survey data showing that TNC drivers make far less than the San Francisco minimum wage.

*72On June 5, 2017, the City Attorney issued the administrative subpoenas to Uber pursuant to San Francisco Administrative Code.3 (S.F. Admin. Code §§ 2A.230, 2A.231.) Request number eight in the administrative subpoenas, at issue in this appeal, asks for: "[a]ll Annual Reports filed by Uber with the California Public Utilities Commission (CPUC) from 2013 to 2017 and all of the raw data supporting" the annual reports on providing accessible vehicles, driver violations/suspensions, number of drivers completing training course, updates on accessibility plan, report on hours/miles logged by drivers, and providing service by zip code.

Uber states in its opening brief that request number seven, which asks for "[d]ocuments evidencing the actual number of miles driven and actual hours logged by San Francisco [d]rivers from 2013 to the present," is also at issue. However, Uber's arguments only address request number eight without any explanation of how those arguments relate to request number seven. Further, at the October 5 trial court hearing, counsel for Uber stated that she "thought seven was CPUC," and counsel for the City stated that "it bears mentioning that Uber provides [the information requested in number seven] to the CPUC." Finally, the Notice of Appeal states that Uber is appealing the trial court's October 25, 2017 order; that order states that Uber only disputes producing documents in response to request number eight and that the "parties shall further meet and confer regarding the documents and/or declaration to be produced by Uber in response to Item 7." Thus, our analysis only addresses request number eight.

The Trial Court's Order Requiring Uber to Comply with the Administrative Subpoenas

The City Attorney filed a petition for an order requiring Uber to comply with the *279administrative subpoenas (the petition) as Uber refused substantial compliance.

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Cite This Page — Counsel Stack

Bluebook (online)
248 Cal. Rptr. 3d 273, 36 Cal. App. 5th 66, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-sf-v-uber-techs-inc-calctapp5d-2019.