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Joshua J.K. Henderson (State Bar No. 248366)
Joshua S. Markowitz (State Bar No. 224256)
Carcione, Henderson Sc Markowitz, LLP
477 Ninth Avenue, Suite 101 12/17/2021
San Mateo., CA 94402
Tel: (650) 367-6811
Fax: (650) 367-0367
e-mail:info(ikchtttlrovlirm.corn
6 Attorneys for Plaintiff:
JIAN-MIND "SCOTT'IIAO
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1P SUPERIOR COURT OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN MATEO
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Case Noz 16-CIV-02362
JIAN-MIN(i "SCOT'I 'HAO, Assigned for All Purposes to Dept. 2
Plaintiff, Honorable Marie S. Weiner
NOTICE OF MOTION AND MOTION FOR
17 vs.
CLASS CERTIFICATION
RELAYRIDES, INC.;
SPHERE RISK PARTNERS;
TURD, INC4 AND,
DOES I TO 50, INCLUSIVE„ Date: March 1.,2021
2P
Time: 2:00 p,m.
21 Defendants. Dept.: 2
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NOT1CL Ol-'OT1ON AND MOTION FOR CLASS CERTllJCAT1ON
PArlE (1
I TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD;
PLEASE TAKE NOTICE that on the date and at the time indicated on the caption page
3 of this pleading, Plaintiff JIAN-MING "SCOTT" ZHAO will move the Court for an order
4 allowing Class Certification on the grounds the classes are numerous and ascertainable, and
3 common law and facts predominate. Defendant was obligated by statute and contract to cover
any risk of loss to vehicles during rentals that Defendant facilitates as part of a Personal Vehicle
7 Sharing Program. Defendant does not provide the required protection. Plaintiff seeks the
8 certification of two classes.
The first class, The First-Party Insurance Class, is defined as:
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First Partv Insurance Class:
12 Plaintiff Jian-Ming 'Scott'hao. on his behalf and all others similarly
situated residents of California. The class plaintiff represents is composed
13 of all Hosts that reside in California and whose personal vehicle insurance
policy included "collision" or "comprehensive" coverages. and whose
claims were made before October 18, 20213, and that claim was denied for
one of the following reasons:
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Denial Code Description
Denied TOS violation of Tcmis of Service
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Denied late report damage not reported within 24 hours of the
18 booking;
Denied NPNC failure to timely submit photographs of
19 alleged damage
20 Denied ineligible vehicle is too old, too many miles on
odometer, or branded(salvaged) title
Denied Other catchall provision.
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This class does not include claims denied for the following reasons:
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Denial Code l
Description
Denied grey market Host and guest engage in a car sharing
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outside of the Turo Platfiom
26 Dcnicd fraud List~in ~of vehicle involved Fraud
Denied mechanical Damage arose fi'om mechanical failure, i.e.,
27 warranty issue
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Denied wear and tear Damage is result of normal wear and tear
Denied pre-existing damage Damage occurred before booking
NOTICE OF MOTION ANI3 MO I'ION FOR CLASS CERTIFICATION
PACiE; 2
This class seeks to bring three causes of action (I) Unfair Business Practices; (2) Breach
of Contract; and (3) for Breach of the Covenant of Good Faith and Fair Dealing, arising out of
Turo's failure to obtain insurance coverage that is equal to or greater than the coverage
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maintained by the Host.
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The second class is the Fraud Class, defined as:
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Fraud Class: Plaintiff Jian-Ming "Scott" Zhao, on his behalf and all
others similarly situated residents of California. The class plaintiffs
represent is composed of all Hosts that reside in California whose claims
were made before August 30, 2018, and that claim was denied for one of
the following reasons:
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Denial Code Description
Denied TOS violation of Terms of Service
Denied late report damage not reported within 24 hours of the
12 booking;
Denied NPNC failure to timely submit photographs of
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alleged damage
14 Denied ineligible vehicle is too old, too many miles on
odometer, or branded(salvaged) title
Denied Other catchall provision.
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This class does not include claims denied for the following reasons:
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I Denial Code Description
Denied grey market Host and guest engage in a car sharing
outside of the Turo Platfrom
Denied fraud Listing of vehicle involved Fraud
20 Denied mechanical Damage arose from mechanical failure, i.e.,
warranty issue
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Denied wear and tear Damage is result of normal wear and t
Denied pre-existing damage Damage occurred before booking
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The Fraud Class brings a single cause of action for Fraud.
25 Plaintiffs, and their counsel, are qualified to represent the classes.
This motion is based on this Notice of Motion, the accompanying Memorandum of Point.
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and Authorities, the supporting Declaration of Henderson and Markowitz and exhibits thereto,
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NO I'ICE OF MO1 ION AND MO'I ION I OR CLASS CERTIFICATION
PAGE, 3
upon all materials and papers contained in the Court's tile, and upon such other evidence
submitted to the Court at the time of hearing. 2
Dated: December 17, 2021
J I S.M dna.'y
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NOTICE OF MOTION AND MO I'ION FOR CLASS CERTIFICAl ION
PAGL! 4
Zhao v, Re/rtvR/des, Inc,, et nl.
[San Mateo Countv Sunerior Court Case No. 16CIV02362]
PROOF OF SERVICE
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I, the undersigned, declare:
I am employed in the County of San Mateo, State of Californi. Iam over the age of
eighteen and not a party to this action. My business address is 477 Ninth Avenue, Suite 101, San
6 Mateo, CA 94402.
On December 17, 2021, I served the attached document(s):
~ NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION
~ POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR CLASS
CERTIFICATION
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~ DECLARATION OF JOSHUA J.K. HENDERSON 1&N SUPPORl OF MOTION FOR
CLASS CERTIFICATION
~ DECLARATION OF JOSHUA S. MARKOWITZ IN SUPPORT OF MOTION FOR
12 CLASS CERTIFICATION
~ DECLARATION OF ELLIOTT FLOOD IN SUPPORT OF MOTION FOR CLASS
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CERTIFICATION
14 ~ PLAINTIFFS'EQUEST I'OR JUDICIAI. NOTICE,
~ APPENDIX OF EVIDENCE IN SUPPORT OF MOTION FOR CLASS
15 CERTIFCATION
~ [PROPOSED] ORDER
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17 X By EMAIL, I transnntted from an electronic address, a true and correct copy of the above-referenced
document(s) to the parties listed below. Pursuant to Judicial Council Fmergency Rule 12.
IS
Attornev for Defendant(s): Snhere Risk Partners / Rela& Rides / Turo
Steve Chiari, Esq.
Sacks Ricketts 8c Case
1900 Embarcadero Road, Suite 111
21 Palo Alto, CA 94303
Tel: (650) 494-4950 Fax: (650) 847-1520
22 Emails: scitiati!«.siclaw,corn, rbadgtrr,srcl tvv.et&tushttrttbino(t/ srctavv,c«tu
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COURTESY COPY
Hon. Marie S. Weiner
San Mateo County Superior Court
400 County Center
Redvvood City, CA 94063
c-mail: c&/nt&JIcxcth il(&f s,tnntatcocourt.or
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NOTICF OF MOTION AND MOTION FOR CLASS CERTIFICATION
PAGL, 5
I declare under penalty of perjury under the laws of the State of California that thc
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foregoing is true and correct. Executed on the above da rnia.
C~
Diane
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NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION
FAtr: a
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Joshua J.K. Henderson (State Bar No. 248366) Joshua S. Markowitz (State Bar No. 224256) Carcione, Henderson Sc Markowitz, LLP 477 Ninth Avenue, Suite 101 12/17/2021 San Mateo., CA 94402 Tel: (650) 367-6811 Fax: (650) 367-0367 e-mail:info(ikchtttlrovlirm.corn 6 Attorneys for Plaintiff: JIAN-MIND "SCOTT'IIAO 7 1P SUPERIOR COURT OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO 12 13 Case Noz 16-CIV-02362 JIAN-MIN(i "SCOT'I 'HAO, Assigned for All Purposes to Dept. 2 Plaintiff, Honorable Marie S. Weiner NOTICE OF MOTION AND MOTION FOR 17 vs. CLASS CERTIFICATION RELAYRIDES, INC.; SPHERE RISK PARTNERS; TURD, INC4 AND, DOES I TO 50, INCLUSIVE„ Date: March 1.,2021 2P Time: 2:00 p,m. 21 Defendants. Dept.: 2 23 25 26 27 NOT1CL Ol-'OT1ON AND MOTION FOR CLASS CERTllJCAT1ON PArlE (1 I TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD; PLEASE TAKE NOTICE that on the date and at the time indicated on the caption page 3 of this pleading, Plaintiff JIAN-MING "SCOTT" ZHAO will move the Court for an order 4 allowing Class Certification on the grounds the classes are numerous and ascertainable, and 3 common law and facts predominate. Defendant was obligated by statute and contract to cover any risk of loss to vehicles during rentals that Defendant facilitates as part of a Personal Vehicle 7 Sharing Program. Defendant does not provide the required protection. Plaintiff seeks the 8 certification of two classes. The first class, The First-Party Insurance Class, is defined as: 10 First Partv Insurance Class: 12 Plaintiff Jian-Ming 'Scott'hao. on his behalf and all others similarly situated residents of California. The class plaintiff represents is composed 13 of all Hosts that reside in California and whose personal vehicle insurance policy included "collision" or "comprehensive" coverages. and whose claims were made before October 18, 20213, and that claim was denied for one of the following reasons: l Denial Code Description Denied TOS violation of Tcmis of Service 17 Denied late report damage not reported within 24 hours of the 18 booking; Denied NPNC failure to timely submit photographs of 19 alleged damage 20 Denied ineligible vehicle is too old, too many miles on odometer, or branded(salvaged) title Denied Other catchall provision. 22 This class does not include claims denied for the following reasons: 23 Denial Code l Description Denied grey market Host and guest engage in a car sharing 25 outside of the Turo Platfiom 26 Dcnicd fraud List~in ~of vehicle involved Fraud Denied mechanical Damage arose fi'om mechanical failure, i.e., 27 warranty issue 28 Denied wear and tear Damage is result of normal wear and tear Denied pre-existing damage Damage occurred before booking NOTICE OF MOTION ANI3 MO I'ION FOR CLASS CERTIFICATION PACiE; 2 This class seeks to bring three causes of action (I) Unfair Business Practices; (2) Breach of Contract; and (3) for Breach of the Covenant of Good Faith and Fair Dealing, arising out of Turo's failure to obtain insurance coverage that is equal to or greater than the coverage 4 maintained by the Host. 5 The second class is the Fraud Class, defined as: 6 Fraud Class: Plaintiff Jian-Ming "Scott" Zhao, on his behalf and all others similarly situated residents of California. The class plaintiffs represent is composed of all Hosts that reside in California whose claims were made before August 30, 2018, and that claim was denied for one of the following reasons: 10 Denial Code Description Denied TOS violation of Terms of Service Denied late report damage not reported within 24 hours of the 12 booking; Denied NPNC failure to timely submit photographs of 13 alleged damage 14 Denied ineligible vehicle is too old, too many miles on odometer, or branded(salvaged) title Denied Other catchall provision. 16 This class does not include claims denied for the following reasons: 17 I Denial Code Description Denied grey market Host and guest engage in a car sharing outside of the Turo Platfrom Denied fraud Listing of vehicle involved Fraud 20 Denied mechanical Damage arose from mechanical failure, i.e., warranty issue 21 Denied wear and tear Damage is result of normal wear and t Denied pre-existing damage Damage occurred before booking 23 The Fraud Class brings a single cause of action for Fraud. 25 Plaintiffs, and their counsel, are qualified to represent the classes. This motion is based on this Notice of Motion, the accompanying Memorandum of Point. 27 and Authorities, the supporting Declaration of Henderson and Markowitz and exhibits thereto, 28 NO I'ICE OF MO1 ION AND MO'I ION I OR CLASS CERTIFICATION PAGE, 3 upon all materials and papers contained in the Court's tile, and upon such other evidence submitted to the Court at the time of hearing. 2 Dated: December 17, 2021 J I S.M dna.'y 10 12 13 14 16 17 20 22 23 24 25 26 27 NOTICE OF MOTION AND MO I'ION FOR CLASS CERTIFICAl ION PAGL! 4 Zhao v, Re/rtvR/des, Inc,, et nl. [San Mateo Countv Sunerior Court Case No. 16CIV02362] PROOF OF SERVICE 3 I, the undersigned, declare: I am employed in the County of San Mateo, State of Californi. Iam over the age of eighteen and not a party to this action. My business address is 477 Ninth Avenue, Suite 101, San 6 Mateo, CA 94402. On December 17, 2021, I served the attached document(s): ~ NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION ~ POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR CLASS CERTIFICATION 10 ~ DECLARATION OF JOSHUA J.K. HENDERSON 1&N SUPPORl OF MOTION FOR CLASS CERTIFICATION ~ DECLARATION OF JOSHUA S. MARKOWITZ IN SUPPORT OF MOTION FOR 12 CLASS CERTIFICATION ~ DECLARATION OF ELLIOTT FLOOD IN SUPPORT OF MOTION FOR CLASS 13 CERTIFICATION 14 ~ PLAINTIFFS'EQUEST I'OR JUDICIAI. NOTICE, ~ APPENDIX OF EVIDENCE IN SUPPORT OF MOTION FOR CLASS 15 CERTIFCATION ~ [PROPOSED] ORDER 16 17 X By EMAIL, I transnntted from an electronic address, a true and correct copy of the above-referenced document(s) to the parties listed below. Pursuant to Judicial Council Fmergency Rule 12. IS Attornev for Defendant(s): Snhere Risk Partners / Rela& Rides / Turo Steve Chiari, Esq. Sacks Ricketts 8c Case 1900 Embarcadero Road, Suite 111 21 Palo Alto, CA 94303 Tel: (650) 494-4950 Fax: (650) 847-1520 22 Emails: scitiati!«.siclaw,corn, rbadgtrr,srcl tvv.et&tushttrttbino(t/ srctavv,c«tu 23 COURTESY COPY Hon. Marie S. Weiner San Mateo County Superior Court 400 County Center Redvvood City, CA 94063 c-mail: c&/nt&JIcxcth il(&f s,tnntatcocourt.or 27 /// 28 r/I NOTICF OF MOTION AND MOTION FOR CLASS CERTIFICATION PAGL, 5 I declare under penalty of perjury under the laws of the State of California that thc I foregoing is true and correct. Executed on the above da rnia. C~ Diane 10 12 13 17 18 19 2P 21 22 25 NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION FAtr: a