Preview
1 XAVIER BECERRA
Attorney General of California
2 MICHAEL L. NEWMAN
Senior Assistant Attorney General ELECTRONICALLY
3 SATOSHI YANAI, SBN 186355 F I L E D
Supervising Deputy Attorney General Superior Court of California,
4 MINSU D. LONGIARU, SBN 298599 County of San Francisco
MARISA HERNÁNDEZ-STERN, SBN 282477 06/25/2020
5 MANA BARARI, SBN 275328 Clerk of the Court
R. ERANDI ZAMORA-GRAZIANO, SBN 281929 BY: SANDRA SCHIRO
6 Deputy Attorneys General
Deputy Clerk
1515 Clay Street, 20th Floor
7 P.O. Box 70550
Oakland, California 94612-0550
8 Telephone: (510) 879-1300
Fax: (510) 622-2270
9 E-mail: minsu.longiaru@doj.ca.gov
Attorneys for the People of the State of California
10
[Plaintiff’s Counsel Continued on Next Page]
11
NO FEE – CAL. GOVT. CODE § 6103
12
13 SUPERIOR COURT OF THE STATE OF CALIFORNIA
14 COUNTY OF SAN FRANCISCO
15 UNLIMITED JURISDICTION
16
17
PEOPLE OF THE STATE OF CALIFORNIA, Case No. CGC-20-584402
18
Plaintiff, DECLARATION OF CHRISTOPHER
19 CHANDLER IN SUPPORT OF THE
v. PEOPLE’S MOTION FOR
20 PRELIMINARY INJUNCTION
21 UBER TECHNOLOGIES, INC., A DELAWARE Hearing Date: August 6, 2020
CORPORATION; LYFT, INC., A DELAWARE Hearing Judge: Hon. Ethan P. Schulman
22 CORPORATION; AND DOES 1-50, INCLUSIVE, Time: 1:30 PM
Place. Dept. 302
23 Defendants.
Date Action
24 Filed: May 5, 2020
Trial Date: None Set
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DECLARATION OF CHRISTOPHER CHANDLER IN SUPPORT OF THE PEOPLE’S MOTION FOR
PRELIMINARY INJUNCTION
1 Additional Counsel for the People (Continued from Preceding Page):
2 [COUNSEL LISTED IN ALPHABETICAL ORDER]
3 MICHAEL N. FEUER
4 City Attorney, City of Los Angeles
MICHAEL BOSTROM, SBN 211778
5 Managing Assistant City Attorney
6 DANIELLE GOLDSTEIN, SBN 257486
Deputy City Atton1ey
7 Office of the Los Angeles City Attorney
8 200 North Spring Street, 14th Floor
Los Angeles, Calif01nia 90012
9 Telephone: (213) 978-1867
10 E-mail: michael.bostrom@lacity.org
11 MARA W. ELLIOTT
12 City Attorney, City of San Diego
MARK ANKCORN, SBN 166871
13 Chief Deputy City Att01ney
l4 KEVIN B. KING, SBN 309397
MARNI VON WILPERT, SBN 321447
15 Deputy City Att01neys
16 San Diego City Attorney's Office
1200 Third A venue, Suite 1100
17 San Diego, California 92101-4100
18 Telephone: (619) 236-6220
E-mail: KBKing@sandiego.gov
19
20 DENNIS J. HERRERA
City Att01ney, City of San Francisco
21 RONALD P. FLYNN, SBN 184186
22 Chief Deputy City Att01ney
YVONNE R. MERE, SBN 173594
23 Chief of Complex and Affirmative Litigation
24 MOLLY J. ALARCON, SBN 315244
SARA J. EISENBERG, SBN 269303
25 MATTHEW D. GOLDBERG, SBN 240766
26 Deputy City Attorneys
Office of the San Francisco City Attorney
27 1390 Market Street, Sixth Floor
28 San Francisco, California 94102-5408
2
DECLARATION OF CHRISTOPHER CHANDLER IN SUPPORT OF THE PEOPLE'S MOTION FOR
PRELIMINARY INJUNCTION
1 Telephone: (415) 554-3800
.E-mail: matthew. goldberg@sfcityatty. org
2
3
A ttorneys for the People of the State of California
4
DECLARATION OF CHRISTOPHER CHANDLER
5
6 I, Christopher Chandler, declare as follows:
7 1. The facts set forth in this Declaration are true and c01Tect based upon
8 my own personal knowledge and, if called as a witness, I could and would testify
9 competently to each of the facts set forth herein.
10 2. I am an UberX driver employed by Uber. I have worked for Uber as a
11 driver since 2018. I also work as a driver for Lyft, and as a Legal Document
12 Assistant during the day. I primarily drive for Uber at night.
13 3. I live in San Diego and the majority of 1ides I provide are in San
14 Diego County, originating in Downtown or the Pacific Beach areas of San Diego.
15 4. In March 2020, I stopped driving for Uber and Lyft due to the
16 COVID-19 pandemic. I stopped driving because demand is down and I am
17 concerned for my safety. I plan to stait driving for Uber and Lyft again when
18 demand picks back up and it's safe.
19 5. I have completed at least 5,000 rides for Uber. I drive for Uber
20 approximately 50 hours per week. I drive for UberX, which is Uber's basic ride
21 service.
22 6. I applied to drive for Uber by downloading the Uber application
23 ("App") on my phone and submitting the required documentation. I created a
24 driver log-in on the App and Uber required to me to pass a background check
25 through an outside company called "Checker." Uber required me to provide a
26 picture of myself for my profile on the Uber App. Attached as Exhibits 1 and 2
27 are tme and c01Tect copies of screenshots I took off my phone while I was using
28
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DECLARATION OF CHRISTOPHER CHANDLER IN SUPPORT OF THE PEOPLE' S MOTION FOR
PRELIMINARY INJUNCTION
1 the Uber App on May 12, 2020; the screenshots display the infon11ation discussed
2 in this paragraph.
3 7. When I applied, Uber required that I be at least 18 years old and have
4 a valid, standard Class C driver's license. Uber also required that I have access to
5 an authorized car and a smartphone.
6 8. Prior to driving for Uber, I had no experience or training as a
7 rideshare driver.
8 9. Uber presented me with a non-negotiable contract through the App
9 which stated I was an independent contractor. Uber has periodically sent me new
1O versions of its contract, which I must agree to in order to drive for Uber. Attached
11 is Exhibit 3, a true and accurate copy of the Uber Technology Services Agreement
12 Uber required me to agree to, dated November 25, 2019 (para 12.1).
13 10. Since I stmied driving for Uber in 2018 there have been about 10
14 updates to the Uber terms of service. Uber requires me to review and agree to the
15 new te1ms of service through the App. If I do not review and agree, then I am not
16 allowed to access to the App. The last time Uber required me to sign off on a new
17 terms of service agreement was on or about January 6, 2020. Attached are Exhibit
18 6 and 7, trne and accurate copies of the Uber Platform Access Agreement and
19 California Fare Addendum Uber required me to agree to, dated January 6, 2020.
20 11. I completed all of the required paperwork through the App, including
21 the Uber Technology Services Agreement. The agreement had different addenda
22 including an arbitration agreement, a class action waiver provision, infonnation on
23 service and booking fees and other items. I scrolled through the agreement and
24 checked that I agreed with the tenns because Uber required that I agree in order to
25 begin accepting rides.
26 12. According to the non-negotiable agreement I was required to agree to,
27 Uber can te1minate me from the App for any reason. See Exhibit 3 (para 11.2).
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DECLARATION OF CHRISTOPHER CHANDLER IN SUPPORT OF THE PEOPLE'S MOTION FOR
PRELIMINARY INJUNCTION
13. Once Uber approved my application, an Uber employee at one of
2 Uber's Greenlight Hubs informed me that the company would send me an Uber
3 decal, which I must post on my vehicle. Uber told me that if I drove without the
4 Uber decal, I could be ten11inated from the App. If a rider complains that I don't
5 have an Uber decal on the vehicle or an airport official cites me for not having an
6 Uber decal, Uber may terminate me.
7 14. I went to an Uber Hub located in Mira Mesa, San Diego, to obtain an
8 Uber decal for my vehicle, as it had not arrived in the mail yet. Uber employees
9 also gave me a basic overview of the App.
10 15. Uber has company standards for what types of vehicles its drivers
11 may use to provide rides on the App. To use my own car, Uber required me to go
12 through an authorization process to use my car before I can begin driving on the
13 App. Uber requires that an Uber X vehicle in San Diego County must not be older
14 than 15 years. Uber required my vehicle to undergo a 19-point inspection at one o
15 Uber's headquarters or at an independent mechanic. I paid $20 for an inspection at
16 a private mechanic. See Exhibits 1-3.
17 16. I applied to drive with Uber using my own car, which was a 2008
18 Ford Focus that I purchased to d1ive for Uber. At the inspection, the vehicle
19 inspector told me that I did not pass the initial inspection because of a scratch on
20 the vehicle. I had to get it fixed for $400 of my own money. After the repair, I
21 passed Uber's inspection. This process took a couple of weeks.
22 17. In addition to using my personal vehicle, I have also driven for Uber
23 using a rental car I obtained through Uber. Uber allows drivers to access rental cars
24 through the "Fair" program - a third-party rental service that partners with Uber.
25 Drivers may also access to rentals through Hertz and Maven.
26 18. I cany my own auto insurance policy for my own vehicle. Since
27 standard auto insurance generally does not cover driving for a rideshare service, I
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DECLARATION OF CHRISTOPHER CHANDLER IN SUPPORT OF THE PEOPLE'S MOTION FOR
PRELIMINARY INJUNCTION
1 have a Rideshare-hybrid personal policy, which costs approximately $163 a month
2 as opposed to $120 without the rideshare rider.
3 19. When I drove rental cars, I obtained insurance through Uber' s "Fair"
4 program. Attached are Exhibits 4 and 5, true and accurate copies of the
5 screenshots I took on my phone while using the Uber App on 7/26/2019 and
6 5/12/2020; the screenshots display the information discussed in this paragraph.
7 20. Every year, or 50,000 miles, Uber requires my vehicle to undergo
8 another inspection. I also must be in good standing with a cunent driver's license
9 and insurance. The App has all the dates that each of these items must be
1O completed and if one was no longer valid or a yearly inspection was not completed
11 then Uber would lock me out of the App. Attached is Exhibit 8 a true and accurate
12 copy of Uber' s California Regulatory Rules and Requirements Uber required me to
13 agree to, dated March 5, 2018.
14 21. As a driver, Uber requires me to abide by its "Uber Community
15 Guidelines." If I do not abide by these rules, Uber will terminate me from the App.
16 Attached is Exhibit 9, a hue and accurate copy ofUber's Community Guidelines
17 that Uber required me to agree to, dated April 20, 2020. (p. 9, "How Uber enforces
18 our guidelines").
19 22. On average, I spend about one to one and a half hours getting ready
20 each time I drive for Uber. First, I generally wash the interior and exterior of my
21 car because a rider could give me a bad rating for a dirty vehicle. I gas up at
22 Costco, charge my phone and prepare charger cables for riders. I cany an extra
23 water in case a rider gets sick in my vehicle, and I have plastic bags in case a rider
24 needs to throw up. I have had riders get sick in my vehicle dozens of times. When
25 that happened, I made claims to be reimbursed by Uber for the cost of cleaning and
26 most were approved. I went back and forth with Uber on the amount. Usually I
27 received around $80 per claim.
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DECLARATION OF CHRJSTOPHER CHANDLER IN SUPPORT OF THE PEOPLE' S MOTION FOR
PRELIMINARY INJUNCTION
23. I usually drive for Uber between the hours of 4pm - 4am. I turn on th
2 App downtown because that is where I live. If it is not busy downtown, I generally
3 drive to Hillcrest or Pacific Beach areas of San Diego. It generally takes about 10
4 minutes after turning on the App for Uber to send the first ride request to me via
5 the App.
6 24. As an Uber driver, I cannot pick my riders. Instead, Uber assigns me
7 ride requests through the App.
8 25. When a ride request comes in, I have about ten seconds to accept the
9 ride. If I do not accept the ride, it will disappear, and I cannot get it back on my
10 screen. Attached is Exhibit 10, a tlue and accurate copy of a screenshot I took off
11 my phone while I was using the Uber App on Feb1uary 21, 2020; the screenshot
12 displays the information discussed in this paragraph.
13 26. UberX is the least expensive option for a rider to have a car to
14 themselves along with any companions they have. UberPool matches up 1iders
15 with other random riders going in the same direction. It is a less expensive option
16 and up to four 1iders total could be in an UberPool ride.
17 27. CmTently, when the ride request appears on the App, I am only able to
18 see the rating of the rider and the estimated time it would take me to drive to the
19 rider's pickup location, as well as the drop off location and an estimate of what I
20 would receive for completing the 1ide. Before January 6, 2020, I could only see a
21 rider's rating, how long it would take from my location to pick up the rider and the
22 type of ride (Uber X/UberPool). It would also indicate a long ride if the trip was to
23 be over 45 minutes.
24 28. Only one ride request appears on my App at a time. Since Uber only
25 sends me one ride request at a time, I cannot choose between different rides. I
26 cannot select the most profitable or the ride that is closest to my current location.
27 29. Uber does not pay me for the entire time I am working; Uber only
28 pays drivers for the time the driver has an Uber rider in the vehicle. Uber does not
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DECLARATION OF CHRISTOPHER CHANDLER IN SUPPORT OF THE PEOPLE' S MOTION FOR
PRELIMINARY INJUNCTION
1 pay the d1iver for time the d1iver is logged on and monitoring the App to receive a
2 ride request, or for the time the driver is driving to the rider's pick-up location.
3 30. Uber does not allow me to subcontract rides to other drivers or hire
4 other drivers to work for me and provide rides using my Uber App log-in
5 credentials. See Exhibit 9.
6 31. When I drive for UberX I can choose the route to take with a rider, bu
7 the App encourages me to use the directions it provides for each ride. Once I pick
8 up a rider, the App goes into navigation mode with step-by-step directions. The
9 App will adjust if I take a different route. Riders can also dictate to me a route they
10 want to go.
11 32. With UberPool, as a driver I must use the route in the App and not
12 deviate from it.If I drop off an UberPool rider anywhere other than the destination
13 on the App, I could get in trouble if a rider complained and I could be deactivated.
14 If a rider complained about a route that I took, it could also affect my rating and
15 ability to get rides.
16 33. Uber requires that I maintain a high ride acceptance rate in order to
17 stay logged into the App and to receive ride requests. If I do not accept a ride, it
18 would go against my acceptance rate. If I decline too many ride requests, Uber
19 suspends my use of the App and sends me a prompt through the App asking if I am
20 still there. At that point, there are two options on the App: one option is to stay
21 offline and the other is to get back online. Attached is Exhibit 12 a true and
22 accurate copy of a screenshot I took off my phone while I was using the Uber App
23 on 2/16/20; the screenshot displays the information discussed in this paragraph.
24 34. If I did not accept two or three rides in a row Uber signs me out of the
25 App and sends a notification warning me that I may not receive as many ride
26 requests if I decline rides. Attached is Exhibit 11 a true and accurate copy of a
27 screenshot I took off my phone while I was using the Uber App on 2/20/20; the
28 screenshot displays the info1mation discussed in this paragraph.
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DECLARATION OF CHRISTOPHER CHANDLER IN SUPPORT OF THE PEOPLE'S MOTION FOR
PRELIMINARY INJUNCTION
1 35. If an Uber rider complains about me, I may speak with an Uber
2 representative regarding a complaint, but I cam1ot actually speak to a decision-
3 maker at Uber. The people I can speak to are typically entry-level Uber
4 employees. If I dispute the rider's complaint, I am not offered any kind of formal
5 way to dispute the complaint and Uber does not ask me for my side of the story. I
6 the past I had an issue with a rider's complaint, and when I called Uber to talk
7 about it, I was told three different reasons for the complaint from three different
8 Uber representatives, none of which were true. I still do not know what the actual
9 complaint was because Uber does not pennit me to communicate directly with the
10 riders about complaints.
11 36. Uber alone decides what the rider's fare will be each time I provide a
12 ride for Uber. I have no ability to negotiate my own price with the rider. Uber also
13 reserves the right to change the fare calculation at any time. See Exhibit 3 (paras.
14 4.1-4.3).
15 37. Uber sets the fares the rider will pay based on its own algorithm,
16 including a certain charge per minute and charge per mile driven. Uber also takes
17 fees out of the rider's payment such as a booking fee or airp01t fees before
18 remitting any payments to me. Attached are Exhibits 13-15, true and accurate
19 copies of screenshots I took off my phone while I was using the Uber App on
20 5/12/2020; the screenshots display the information discussed in this paragraph.
21 38. When I first started, Uber paid me $.88 per mile and $.11 per minute
22 for each ride. The first change in Uber payments to drivers was in November 2018.
23 Uber changed the payment I would receive to $.6525 per mile and $.22 or $.225
24 per minute. I received a push notification on my phone and message in the App
25 alerting me of the change in the payment structure. Uber simply dictated what the
26 pay would be; I did not have to acknowledge or sign in to agree or opt out.
27 39. In 2020, Uber changed its driver payment model. Now, drivers and
28 Uber receive a 75%-25% split of the rider's fare after Uber takes out ce1tain
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DECLARATION OF CHRISTOPHER CHANDLER IN SUPPORT OF THE PEOPLE'S MOTION FOR
PRELIMINARY INJUNCTION
expenses and charges from the total amount the customer pays, including booking
2 fees and service fees .
3 40. Riders do not pay me directly. Instead, riders pay Uber through the
4 Uber App.
5 41. As a driver, I can always see what Uber has paid me to provide a ride,
6 but I cannot always see how much a rider pays for the ride. Sometimes Uber shows
7 me what the riders pay, and sometimes Uber does not give me that information. I
8 often cannot see what the 1ider has paid on the App. Instead, I have to log into the
9 Uber website. The information is not easy to find.
10 42. Uber pays its drivers through one of three methods. One is Instant
11 Pay. With Instant Pay, a driver can cash out up to five times a day for all the rides
12 given. There is a $.50 charge each time. The money is transferred immediately into
13 a driver's account. A driver can also opt for a prepaid debit card through Uber and
14 there is no charge for the cash out. The third payment method is a transfer of funds
15 once a week, on Tuesdays at midnight, for the prior week from Sunday through
16 Saturday. Uber pays me through the weekly direct deposit.
17 43. I can contest a payment amount through Uber's customer service, but
18 this is rarely successful.
19 44. Uber does not pay me for breaks.
20 45. I have worked for Uber over eight hours a day and more than 40 hours
21 a week. I have also worked seven days in a row with no extra compensation. I
22 drive for Uber around 50 hours per week, often 8 hours a day or more. Uber does
23 not pay me for overtime.
24 46. "Surge pricing" is when Uber temporarily raises their rates to riders
25 due to an increase in demand. Uber uses surge pricing to encourage drivers to
26 work in busy areas. Uber used to use a multiplier of 2x the regular rate during
27 surge pricing. Then Uber changed to a flat amount to the driver during surge
28 pricing, then went back to a multiplier again. Uber retains the sole discretion to
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DECLARATION OF CHRISTOPHER CHANDLER IN SUPPORT OF THE PEOPLE' S MOTION FOR
PRELIMINARY INJUNCTION
1 decide how drivers are compensated for the rides. Attached are Exhibits 16 and 1
2 true and accurate copies of screenshots I took of my phone while I was using the
3 Uber App on 8/23/2019 and 2/2/2020; the screenshots display the information
4 discussed in this paragraph.
5 4 7. Uber makes suggestions to drivers by email and through the App
6 encouraging drivers work during certain busy times. Uber used to provide "streak
7 bonuses" if I completed three rides in a row, I could get a bonus. Uber offered
8 "streak bonuses" usually to encourage drivers to work during certain time periods,
9 which were usually late at night or in the early morning. Uber also offered its
1O Quest program where I would .get a financial bonus if I completed a certain numbe1
11 of rides by the end of a week. Attached are Exhibits 18-20 are true and accurate
12 copies of screenshots I took of my phone while I was using the Uber App on
13 5/12/2020; the screenshots display the infonnation discussed in this paragraph.
14 48 . Uber does not pay me to drive from one location to another when I do
15 not have a rider in my car. For example, if Uber wants me to come work in a busy
16 area, I do not get paid for driving to the new location that Uber sends me to.
17 49. Sometimes, I have some deadheading involved in rides where I had to
18 drive without a rider and did not get compensated. For example, if a ride takes me
19 from San Diego to Downtown Los Angeles, I would still need to return home to
20 San Diego and no rides are guaranteed on the return route.
21 50. Uber rates my performance through its rating system for drivers from
22 one to five stars, five stars being the highest rating. Uber uses its driver rating
23 system to discipline drivers. To continue working for Uber, Uber requires drivers
24 to maintain a "minimum average rating." See Exhibit 3 (para. 2.5.2); Exhibit 9
25 (p. 9 "Ratings").
26 51. My rating is 4.93 stars. My average rating is based on my last 500
27 rides. If I drop below 4.6 stars, I am are at risk of Uber deactivating me from the
28 App. Attached is Exhibit 21 a hue and accurate copy of a screenshot I took off my
11
DECLARATION OF CHRISTOPHER CHANDLER IN SUPPORT OF THE PEOPLE' S MOTION FOR
PRELIMINARY INJUNCTION
phone while I was using the Uber App on 5/12/2020; the screenshot displays the
2 information discussed in this paragraph.
3 52. If a rider gives me below a 5.0 star rating, then Uber notifies me
4 through a message on the App. I only get to see what categories the 1ider chose tha
5 the iider says I underperformed in, such as route taken, car cleanliness, and driving
6 ability. I do not get any other information about the 1ider's complaint. If I receive
7 too many rider complaints, Uber can and will deactivate me. Attached are Exhibits
8 22-25, hue and accurate copies of screenshots I took off my phone while I was
9 using the Uber App on 6/16/19; 2/25/20; 3/8/20; and 2/25/20; the screenshots
1o display the information discussed in this paragraph.
11 53. If a car is not clean, a driver was diiving poorly in the rider's eyes, the
12 rider did not like the music or the if driver was not friendly, it could affect a
13 driver's ratings. As a driver, I would not be aware of this until after a customer
14 complains and Uber notifies me through the App. If a customer complains to Uber,
15 then Uber sends me a message notifying me that Uber is monitoring my
16 performance and can terminate me at any time. For example, I received a message
17 from Uber after I finished a ride that a customer complained because in the
18 customer's view I was distracted while driving. Uber sent me a message through
19 the App reminding me that Uber will deactivate me if I receive too many rider
20 reports of distracted driving. See Exhibit 25.
21 54. I have had physically and verbally abusive riders while driving for
22 Uber. I was hesitant to report it since Uber generally favors the riders. I have been
23 grabbed by more than one rider. Riders have called me a racial slur. Once a rider
24 grabbed me from the back seat. But I am hesitant to report any rider's conduct
25 because I don't want to get a bad review from a rider. I need to keep my rating up
26 so that Uber will not terminate me.
27 55. Uber does not reimburse me for insurance, gas, maintenance,
28 depreciation, or cell phone data usage.
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DECLARATION OF CHRISTOPHER CHANDLER IN SUPPORT OF THE PEOPLE'S MOTION FOR
PRELIMINARY INJUNCTION
1 56. I do not own my own business as an Uber driver. I do not have
2 business cards or my own customers, and I cannot hire other drivers to work for
3 me. Uber once suspended me from the App for a period because Uber suspected
4 that I was having another driver drive my vehicle while on the App. I never did
5 that, and I tried to contact customer suppmi regarding the issue. I went to an Uber
6 Greenlight Hub to speak to an Uber representative. I received three different
7 answers from Uber and it never was smied out. I am not sure if this incident is still
8 present on my account or if it was resolved. Uber allowed me continued use of the
9 App.
10 I declare under the penalty of pe1jury under the laws of the State of
11 California and the United States of America that the foregoing is true and correct
12 and was executed on June 18, 2020, at San Diego, California.
13
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15
Christopher Chandler
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DECLARATION OF CHRISTOPHER CHANDLER IN SUPPORT OF THE PEOPLE' S MOTION FOR
PRELIMINARY INJUNCTION
DECLARATION OF CHRISTOPHER CHANDLER IN SUPPORT OF THE
PEOPLE’S MOTION FOR PRELIMINARY INJUNCTION: EXHIBIT LIST
Exhibit Document Name Date Taken
No.
1 New Hire Driver 5/12/2020
2 New Hire Car Checklist 5/12/2020
3 Technology Services Agreement 11/25/2019
4 Fair Rental Car Service First Week Free 7/26/2019
5 Fair Rental Car Service 90 Trips for $150 Promo 5/12/2020
6 Platform Access Agreement 1/6/2020
7 Fare Addendum 1/6/2020
8 California Regulatory Rules and Requirements 3/5/2018
9 Uber Community Guidelines 4/22/2020
10 Uber Ride Request Screenshot 2/21/2020
11 Declining Ride Requests Warning 2/20/2020
12 Log-Out Notice After 3 Cancel/Ride Refusals 2/16/2020
13 UberX Payment Breakdown 11.25.18 [Part 1, 2,3] 5/12/2020
14 UberX Payment Breakdown 11.29.18 [Part 1,2,3] 5/12/2020
15 UberX Payment Breakdown 01.23.20 [Part 1,2,3] 5/12/2020
16 Surge under Multiplier Bonus Model 2/2/2020
17 Surge under Flat Rate Bonus Model 8/23/2019
18 Quest Promotion 80 Trips for $35 Dec 22, 2019 5/12/2020
19 Quest Promotion 10 Trips for $20 Dec 23, 2019 5/12/2020
20 Quest Weekly Promotion 80 Trips for $95 5/12/2020
21 Chris Chandler Rating Summary [Part 1,2] 5/12/2020
22 Uber Bad Review from Passenger [1] 6/16/2019
23 Uber Bad Review from Passenger [2] 2/25/2020
24 Distracted Driving Warning [Part 1] 3/8/2020
25 Distracted Driving Warning [Part 2] 2/25/2020
Exhibit One
84oos D ,s~
izm , ;. _
Completed
DBIDS Commercial Access
Card [Optional - For SD Navy
Base Access Only]
Chevrolet Malibu 6WPS11 6
Optional
LAX Placard - 2018
f)
Optional
LAX Placard - 2020
f)
Completed
Vehicle Insurance
Completed
CA Vehicle Registration
Completed
Vehicle Inspection
Chandler Exhibit 1
Exhibit Two
84028 (; I!! m:D _.14%
Help
Driver requirements
Compleled
Background Check
Completed
Driver's License
Completed
Profile Photo
Completed
DBIDS Commercial Access
Card [Optional - For SD Navy 0
Base Access Only]
Chevrolet Malibu 6WPS116
Optional
LAX Placard - 2018
f)
Chandler Exhibit 2
Exhibit Three
1. Definitions
1.1 “2015 Agreement” means the Technology Services Agreement, last updated
December 11, 2015, by and among you and Rasier-CA, LLC if your Territory is
within the State of California, Rasier-PA, LLC if your Territory is within the State
of Pennsylvania, Rasier-DC, LLC if your Territory is within the State of Florida,
Rasier-MT, LLC if your Territory is within the State of Montana, Hinter-NM if your
Territory is within the State of New Mexico, or Rasier, LLC.
1.2 “2015 Termination” has the meaning set forth in Section 14.1.
1.3 “Affiliate” means an entity that, directly or indirectly, controls, is under the
control of, or is under common control with a party, where control means having
more than fifty percent (50%) of the voting stock or other ownership interest or
the majority of the voting rights of such entity.
1.4 “City Addendum” means an addendum or supplemental information to this
Agreement setting forth additional Territory-specific terms, as made available
and as updated by Company from time to time.
1.5 “Class Action Waiver” has the meaning set forth in Section 15.2.
1.6 “Company Data” means all data related to the access and use of the Uber
Services hereunder, including all data related to Users (including User
Information), all data related to the provision of Transportation Services via the
Uber Services and the Driver App, and the Driver ID.
1.7 “Company Device” means a mobile device owned or controlled by Company
that is provided to you solely for your use of the Driver App to provide
Transportation Services.
1.8 “Device” means a Company Device or Your Device, as the case may be.
Preview
1 XAVIER BECERRA Attorney General of California 2 MICHAEL L. NEWMAN Senior Assistant Attorney General ELECTRONICALLY 3 SATOSHI YANAI, SBN 186355 F I L E D Supervising Deputy Attorney General Superior Court of California, 4 MINSU D. LONGIARU, SBN 298599 County of San Francisco MARISA HERNÁNDEZ-STERN, SBN 282477 06/25/2020 5 MANA BARARI, SBN 275328 Clerk of the Court R. ERANDI ZAMORA-GRAZIANO, SBN 281929 BY: SANDRA SCHIRO 6 Deputy Attorneys General Deputy Clerk 1515 Clay Street, 20th Floor 7 P.O. Box 70550 Oakland, California 94612-0550 8 Telephone: (510) 879-1300 Fax: (510) 622-2270 9 E-mail: minsu.longiaru@doj.ca.gov Attorneys for the People of the State of California 10 [Plaintiff’s Counsel Continued on Next Page] 11 NO FEE – CAL. GOVT. CODE § 6103 12 13 SUPERIOR COURT OF THE STATE OF CALIFORNIA 14 COUNTY OF SAN FRANCISCO 15 UNLIMITED JURISDICTION 16 17 PEOPLE OF THE STATE OF CALIFORNIA, Case No. CGC-20-584402 18 Plaintiff, DECLARATION OF CHRISTOPHER 19 CHANDLER IN SUPPORT OF THE v. PEOPLE’S MOTION FOR 20 PRELIMINARY INJUNCTION 21 UBER TECHNOLOGIES, INC., A DELAWARE Hearing Date: August 6, 2020 CORPORATION; LYFT, INC., A DELAWARE Hearing Judge: Hon. Ethan P. Schulman 22 CORPORATION; AND DOES 1-50, INCLUSIVE, Time: 1:30 PM Place. Dept. 302 23 Defendants. Date Action 24 Filed: May 5, 2020 Trial Date: None Set 25 26 27 28 DECLARATION OF CHRISTOPHER CHANDLER IN SUPPORT OF THE PEOPLE’S MOTION FOR PRELIMINARY INJUNCTION 1 Additional Counsel for the People (Continued from Preceding Page): 2 [COUNSEL LISTED IN ALPHABETICAL ORDER] 3 MICHAEL N. FEUER 4 City Attorney, City of Los Angeles MICHAEL BOSTROM, SBN 211778 5 Managing Assistant City Attorney 6 DANIELLE GOLDSTEIN, SBN 257486 Deputy City Atton1ey 7 Office of the Los Angeles City Attorney 8 200 North Spring Street, 14th Floor Los Angeles, Calif01nia 90012 9 Telephone: (213) 978-1867 10 E-mail: michael.bostrom@lacity.org 11 MARA W. ELLIOTT 12 City Attorney, City of San Diego MARK ANKCORN, SBN 166871 13 Chief Deputy City Att01ney l4 KEVIN B. KING, SBN 309397 MARNI VON WILPERT, SBN 321447 15 Deputy City Att01neys 16 San Diego City Attorney's Office 1200 Third A venue, Suite 1100 17 San Diego, California 92101-4100 18 Telephone: (619) 236-6220 E-mail: KBKing@sandiego.gov 19 20 DENNIS J. HERRERA City Att01ney, City of San Francisco 21 RONALD P. FLYNN, SBN 184186 22 Chief Deputy City Att01ney YVONNE R. MERE, SBN 173594 23 Chief of Complex and Affirmative Litigation 24 MOLLY J. ALARCON, SBN 315244 SARA J. EISENBERG, SBN 269303 25 MATTHEW D. GOLDBERG, SBN 240766 26 Deputy City Attorneys Office of the San Francisco City Attorney 27 1390 Market Street, Sixth Floor 28 San Francisco, California 94102-5408 2 DECLARATION OF CHRISTOPHER CHANDLER IN SUPPORT OF THE PEOPLE'S MOTION FOR PRELIMINARY INJUNCTION 1 Telephone: (415) 554-3800 .E-mail: matthew. goldberg@sfcityatty. org 2 3 A ttorneys for the People of the State of California 4 DECLARATION OF CHRISTOPHER CHANDLER 5 6 I, Christopher Chandler, declare as follows: 7 1. The facts set forth in this Declaration are true and c01Tect based upon 8 my own personal knowledge and, if called as a witness, I could and would testify 9 competently to each of the facts set forth herein. 10 2. I am an UberX driver employed by Uber. I have worked for Uber as a 11 driver since 2018. I also work as a driver for Lyft, and as a Legal Document 12 Assistant during the day. I primarily drive for Uber at night. 13 3. I live in San Diego and the majority of 1ides I provide are in San 14 Diego County, originating in Downtown or the Pacific Beach areas of San Diego. 15 4. In March 2020, I stopped driving for Uber and Lyft due to the 16 COVID-19 pandemic. I stopped driving because demand is down and I am 17 concerned for my safety. I plan to stait driving for Uber and Lyft again when 18 demand picks back up and it's safe. 19 5. I have completed at least 5,000 rides for Uber. I drive for Uber 20 approximately 50 hours per week. I drive for UberX, which is Uber's basic ride 21 service. 22 6. I applied to drive for Uber by downloading the Uber application 23 ("App") on my phone and submitting the required documentation. I created a 24 driver log-in on the App and Uber required to me to pass a background check 25 through an outside company called "Checker." Uber required me to provide a 26 picture of myself for my profile on the Uber App. Attached as Exhibits 1 and 2 27 are tme and c01Tect copies of screenshots I took off my phone while I was using 28 3 DECLARATION OF CHRISTOPHER CHANDLER IN SUPPORT OF THE PEOPLE' S MOTION FOR PRELIMINARY INJUNCTION 1 the Uber App on May 12, 2020; the screenshots display the infon11ation discussed 2 in this paragraph. 3 7. When I applied, Uber required that I be at least 18 years old and have 4 a valid, standard Class C driver's license. Uber also required that I have access to 5 an authorized car and a smartphone. 6 8. Prior to driving for Uber, I had no experience or training as a 7 rideshare driver. 8 9. Uber presented me with a non-negotiable contract through the App 9 which stated I was an independent contractor. Uber has periodically sent me new 1O versions of its contract, which I must agree to in order to drive for Uber. Attached 11 is Exhibit 3, a true and accurate copy of the Uber Technology Services Agreement 12 Uber required me to agree to, dated November 25, 2019 (para 12.1). 13 10. Since I stmied driving for Uber in 2018 there have been about 10 14 updates to the Uber terms of service. Uber requires me to review and agree to the 15 new te1ms of service through the App. If I do not review and agree, then I am not 16 allowed to access to the App. The last time Uber required me to sign off on a new 17 terms of service agreement was on or about January 6, 2020. Attached are Exhibit 18 6 and 7, trne and accurate copies of the Uber Platform Access Agreement and 19 California Fare Addendum Uber required me to agree to, dated January 6, 2020. 20 11. I completed all of the required paperwork through the App, including 21 the Uber Technology Services Agreement. The agreement had different addenda 22 including an arbitration agreement, a class action waiver provision, infonnation on 23 service and booking fees and other items. I scrolled through the agreement and 24 checked that I agreed with the tenns because Uber required that I agree in order to 25 begin accepting rides. 26 12. According to the non-negotiable agreement I was required to agree to, 27 Uber can te1minate me from the App for any reason. See Exhibit 3 (para 11.2). 28 4 DECLARATION OF CHRISTOPHER CHANDLER IN SUPPORT OF THE PEOPLE'S MOTION FOR PRELIMINARY INJUNCTION 13. Once Uber approved my application, an Uber employee at one of 2 Uber's Greenlight Hubs informed me that the company would send me an Uber 3 decal, which I must post on my vehicle. Uber told me that if I drove without the 4 Uber decal, I could be ten11inated from the App. If a rider complains that I don't 5 have an Uber decal on the vehicle or an airport official cites me for not having an 6 Uber decal, Uber may terminate me. 7 14. I went to an Uber Hub located in Mira Mesa, San Diego, to obtain an 8 Uber decal for my vehicle, as it had not arrived in the mail yet. Uber employees 9 also gave me a basic overview of the App. 10 15. Uber has company standards for what types of vehicles its drivers 11 may use to provide rides on the App. To use my own car, Uber required me to go 12 through an authorization process to use my car before I can begin driving on the 13 App. Uber requires that an Uber X vehicle in San Diego County must not be older 14 than 15 years. Uber required my vehicle to undergo a 19-point inspection at one o 15 Uber's headquarters or at an independent mechanic. I paid $20 for an inspection at 16 a private mechanic. See Exhibits 1-3. 17 16. I applied to drive with Uber using my own car, which was a 2008 18 Ford Focus that I purchased to d1ive for Uber. At the inspection, the vehicle 19 inspector told me that I did not pass the initial inspection because of a scratch on 20 the vehicle. I had to get it fixed for $400 of my own money. After the repair, I 21 passed Uber's inspection. This process took a couple of weeks. 22 17. In addition to using my personal vehicle, I have also driven for Uber 23 using a rental car I obtained through Uber. Uber allows drivers to access rental cars 24 through the "Fair" program - a third-party rental service that partners with Uber. 25 Drivers may also access to rentals through Hertz and Maven. 26 18. I cany my own auto insurance policy for my own vehicle. Since 27 standard auto insurance generally does not cover driving for a rideshare service, I 28 5 DECLARATION OF CHRISTOPHER CHANDLER IN SUPPORT OF THE PEOPLE'S MOTION FOR PRELIMINARY INJUNCTION 1 have a Rideshare-hybrid personal policy, which costs approximately $163 a month 2 as opposed to $120 without the rideshare rider. 3 19. When I drove rental cars, I obtained insurance through Uber' s "Fair" 4 program. Attached are Exhibits 4 and 5, true and accurate copies of the 5 screenshots I took on my phone while using the Uber App on 7/26/2019 and 6 5/12/2020; the screenshots display the information discussed in this paragraph. 7 20. Every year, or 50,000 miles, Uber requires my vehicle to undergo 8 another inspection. I also must be in good standing with a cunent driver's license 9 and insurance. The App has all the dates that each of these items must be 1O completed and if one was no longer valid or a yearly inspection was not completed 11 then Uber would lock me out of the App. Attached is Exhibit 8 a true and accurate 12 copy of Uber' s California Regulatory Rules and Requirements Uber required me to 13 agree to, dated March 5, 2018. 14 21. As a driver, Uber requires me to abide by its "Uber Community 15 Guidelines." If I do not abide by these rules, Uber will terminate me from the App. 16 Attached is Exhibit 9, a hue and accurate copy ofUber's Community Guidelines 17 that Uber required me to agree to, dated April 20, 2020. (p. 9, "How Uber enforces 18 our guidelines"). 19 22. On average, I spend about one to one and a half hours getting ready 20 each time I drive for Uber. First, I generally wash the interior and exterior of my 21 car because a rider could give me a bad rating for a dirty vehicle. I gas up at 22 Costco, charge my phone and prepare charger cables for riders. I cany an extra 23 water in case a rider gets sick in my vehicle, and I have plastic bags in case a rider 24 needs to throw up. I have had riders get sick in my vehicle dozens of times. When 25 that happened, I made claims to be reimbursed by Uber for the cost of cleaning and 26 most were approved. I went back and forth with Uber on the amount. Usually I 27 received around $80 per claim. 28 6 DECLARATION OF CHRJSTOPHER CHANDLER IN SUPPORT OF THE PEOPLE' S MOTION FOR PRELIMINARY INJUNCTION 23. I usually drive for Uber between the hours of 4pm - 4am. I turn on th 2 App downtown because that is where I live. If it is not busy downtown, I generally 3 drive to Hillcrest or Pacific Beach areas of San Diego. It generally takes about 10 4 minutes after turning on the App for Uber to send the first ride request to me via 5 the App. 6 24. As an Uber driver, I cannot pick my riders. Instead, Uber assigns me 7 ride requests through the App. 8 25. When a ride request comes in, I have about ten seconds to accept the 9 ride. If I do not accept the ride, it will disappear, and I cannot get it back on my 10 screen. Attached is Exhibit 10, a tlue and accurate copy of a screenshot I took off 11 my phone while I was using the Uber App on Feb1uary 21, 2020; the screenshot 12 displays the information discussed in this paragraph. 13 26. UberX is the least expensive option for a rider to have a car to 14 themselves along with any companions they have. UberPool matches up 1iders 15 with other random riders going in the same direction. It is a less expensive option 16 and up to four 1iders total could be in an UberPool ride. 17 27. CmTently, when the ride request appears on the App, I am only able to 18 see the rating of the rider and the estimated time it would take me to drive to the 19 rider's pickup location, as well as the drop off location and an estimate of what I 20 would receive for completing the 1ide. Before January 6, 2020, I could only see a 21 rider's rating, how long it would take from my location to pick up the rider and the 22 type of ride (Uber X/UberPool). It would also indicate a long ride if the trip was to 23 be over 45 minutes. 24 28. Only one ride request appears on my App at a time. Since Uber only 25 sends me one ride request at a time, I cannot choose between different rides. I 26 cannot select the most profitable or the ride that is closest to my current location. 27 29. Uber does not pay me for the entire time I am working; Uber only 28 pays drivers for the time the driver has an Uber rider in the vehicle. Uber does not 7 DECLARATION OF CHRISTOPHER CHANDLER IN SUPPORT OF THE PEOPLE' S MOTION FOR PRELIMINARY INJUNCTION 1 pay the d1iver for time the d1iver is logged on and monitoring the App to receive a 2 ride request, or for the time the driver is driving to the rider's pick-up location. 3 30. Uber does not allow me to subcontract rides to other drivers or hire 4 other drivers to work for me and provide rides using my Uber App log-in 5 credentials. See Exhibit 9. 6 31. When I drive for UberX I can choose the route to take with a rider, bu 7 the App encourages me to use the directions it provides for each ride. Once I pick 8 up a rider, the App goes into navigation mode with step-by-step directions. The 9 App will adjust if I take a different route. Riders can also dictate to me a route they 10 want to go. 11 32. With UberPool, as a driver I must use the route in the App and not 12 deviate from it.If I drop off an UberPool rider anywhere other than the destination 13 on the App, I could get in trouble if a rider complained and I could be deactivated. 14 If a rider complained about a route that I took, it could also affect my rating and 15 ability to get rides. 16 33. Uber requires that I maintain a high ride acceptance rate in order to 17 stay logged into the App and to receive ride requests. If I do not accept a ride, it 18 would go against my acceptance rate. If I decline too many ride requests, Uber 19 suspends my use of the App and sends me a prompt through the App asking if I am 20 still there. At that point, there are two options on the App: one option is to stay 21 offline and the other is to get back online. Attached is Exhibit 12 a true and 22 accurate copy of a screenshot I took off my phone while I was using the Uber App 23 on 2/16/20; the screenshot displays the information discussed in this paragraph. 24 34. If I did not accept two or three rides in a row Uber signs me out of the 25 App and sends a notification warning me that I may not receive as many ride 26 requests if I decline rides. Attached is Exhibit 11 a true and accurate copy of a 27 screenshot I took off my phone while I was using the Uber App on 2/20/20; the 28 screenshot displays the info1mation discussed in this paragraph. 8 DECLARATION OF CHRISTOPHER CHANDLER IN SUPPORT OF THE PEOPLE'S MOTION FOR PRELIMINARY INJUNCTION 1 35. If an Uber rider complains about me, I may speak with an Uber 2 representative regarding a complaint, but I cam1ot actually speak to a decision- 3 maker at Uber. The people I can speak to are typically entry-level Uber 4 employees. If I dispute the rider's complaint, I am not offered any kind of formal 5 way to dispute the complaint and Uber does not ask me for my side of the story. I 6 the past I had an issue with a rider's complaint, and when I called Uber to talk 7 about it, I was told three different reasons for the complaint from three different 8 Uber representatives, none of which were true. I still do not know what the actual 9 complaint was because Uber does not pennit me to communicate directly with the 10 riders about complaints. 11 36. Uber alone decides what the rider's fare will be each time I provide a 12 ride for Uber. I have no ability to negotiate my own price with the rider. Uber also 13 reserves the right to change the fare calculation at any time. See Exhibit 3 (paras. 14 4.1-4.3). 15 37. Uber sets the fares the rider will pay based on its own algorithm, 16 including a certain charge per minute and charge per mile driven. Uber also takes 17 fees out of the rider's payment such as a booking fee or airp01t fees before 18 remitting any payments to me. Attached are Exhibits 13-15, true and accurate 19 copies of screenshots I took off my phone while I was using the Uber App on 20 5/12/2020; the screenshots display the information discussed in this paragraph. 21 38. When I first started, Uber paid me $.88 per mile and $.11 per minute 22 for each ride. The first change in Uber payments to drivers was in November 2018. 23 Uber changed the payment I would receive to $.6525 per mile and $.22 or $.225 24 per minute. I received a push notification on my phone and message in the App 25 alerting me of the change in the payment structure. Uber simply dictated what the 26 pay would be; I did not have to acknowledge or sign in to agree or opt out. 27 39. In 2020, Uber changed its driver payment model. Now, drivers and 28 Uber receive a 75%-25% split of the rider's fare after Uber takes out ce1tain 9 DECLARATION OF CHRISTOPHER CHANDLER IN SUPPORT OF THE PEOPLE'S MOTION FOR PRELIMINARY INJUNCTION expenses and charges from the total amount the customer pays, including booking 2 fees and service fees . 3 40. Riders do not pay me directly. Instead, riders pay Uber through the 4 Uber App. 5 41. As a driver, I can always see what Uber has paid me to provide a ride, 6 but I cannot always see how much a rider pays for the ride. Sometimes Uber shows 7 me what the riders pay, and sometimes Uber does not give me that information. I 8 often cannot see what the 1ider has paid on the App. Instead, I have to log into the 9 Uber website. The information is not easy to find. 10 42. Uber pays its drivers through one of three methods. One is Instant 11 Pay. With Instant Pay, a driver can cash out up to five times a day for all the rides 12 given. There is a $.50 charge each time. The money is transferred immediately into 13 a driver's account. A driver can also opt for a prepaid debit card through Uber and 14 there is no charge for the cash out. The third payment method is a transfer of funds 15 once a week, on Tuesdays at midnight, for the prior week from Sunday through 16 Saturday. Uber pays me through the weekly direct deposit. 17 43. I can contest a payment amount through Uber's customer service, but 18 this is rarely successful. 19 44. Uber does not pay me for breaks. 20 45. I have worked for Uber over eight hours a day and more than 40 hours 21 a week. I have also worked seven days in a row with no extra compensation. I 22 drive for Uber around 50 hours per week, often 8 hours a day or more. Uber does 23 not pay me for overtime. 24 46. "Surge pricing" is when Uber temporarily raises their rates to riders 25 due to an increase in demand. Uber uses surge pricing to encourage drivers to 26 work in busy areas. Uber used to use a multiplier of 2x the regular rate during 27 surge pricing. Then Uber changed to a flat amount to the driver during surge 28 pricing, then went back to a multiplier again. Uber retains the sole discretion to 10 DECLARATION OF CHRISTOPHER CHANDLER IN SUPPORT OF THE PEOPLE' S MOTION FOR PRELIMINARY INJUNCTION 1 decide how drivers are compensated for the rides. Attached are Exhibits 16 and 1 2 true and accurate copies of screenshots I took of my phone while I was using the 3 Uber App on 8/23/2019 and 2/2/2020; the screenshots display the information 4 discussed in this paragraph. 5 4 7. Uber makes suggestions to drivers by email and through the App 6 encouraging drivers work during certain busy times. Uber used to provide "streak 7 bonuses" if I completed three rides in a row, I could get a bonus. Uber offered 8 "streak bonuses" usually to encourage drivers to work during certain time periods, 9 which were usually late at night or in the early morning. Uber also offered its 1O Quest program where I would .get a financial bonus if I completed a certain numbe1 11 of rides by the end of a week. Attached are Exhibits 18-20 are true and accurate 12 copies of screenshots I took of my phone while I was using the Uber App on 13 5/12/2020; the screenshots display the infonnation discussed in this paragraph. 14 48 . Uber does not pay me to drive from one location to another when I do 15 not have a rider in my car. For example, if Uber wants me to come work in a busy 16 area, I do not get paid for driving to the new location that Uber sends me to. 17 49. Sometimes, I have some deadheading involved in rides where I had to 18 drive without a rider and did not get compensated. For example, if a ride takes me 19 from San Diego to Downtown Los Angeles, I would still need to return home to 20 San Diego and no rides are guaranteed on the return route. 21 50. Uber rates my performance through its rating system for drivers from 22 one to five stars, five stars being the highest rating. Uber uses its driver rating 23 system to discipline drivers. To continue working for Uber, Uber requires drivers 24 to maintain a "minimum average rating." See Exhibit 3 (para. 2.5.2); Exhibit 9 25 (p. 9 "Ratings"). 26 51. My rating is 4.93 stars. My average rating is based on my last 500 27 rides. If I drop below 4.6 stars, I am are at risk of Uber deactivating me from the 28 App. Attached is Exhibit 21 a hue and accurate copy of a screenshot I took off my 11 DECLARATION OF CHRISTOPHER CHANDLER IN SUPPORT OF THE PEOPLE' S MOTION FOR PRELIMINARY INJUNCTION phone while I was using the Uber App on 5/12/2020; the screenshot displays the 2 information discussed in this paragraph. 3 52. If a rider gives me below a 5.0 star rating, then Uber notifies me 4 through a message on the App. I only get to see what categories the 1ider chose tha 5 the iider says I underperformed in, such as route taken, car cleanliness, and driving 6 ability. I do not get any other information about the 1ider's complaint. If I receive 7 too many rider complaints, Uber can and will deactivate me. Attached are Exhibits 8 22-25, hue and accurate copies of screenshots I took off my phone while I was 9 using the Uber App on 6/16/19; 2/25/20; 3/8/20; and 2/25/20; the screenshots 1o display the information discussed in this paragraph. 11 53. If a car is not clean, a driver was diiving poorly in the rider's eyes, the 12 rider did not like the music or the if driver was not friendly, it could affect a 13 driver's ratings. As a driver, I would not be aware of this until after a customer 14 complains and Uber notifies me through the App. If a customer complains to Uber, 15 then Uber sends me a message notifying me that Uber is monitoring my 16 performance and can terminate me at any time. For example, I received a message 17 from Uber after I finished a ride that a customer complained because in the 18 customer's view I was distracted while driving. Uber sent me a message through 19 the App reminding me that Uber will deactivate me if I receive too many rider 20 reports of distracted driving. See Exhibit 25. 21 54. I have had physically and verbally abusive riders while driving for 22 Uber. I was hesitant to report it since Uber generally favors the riders. I have been 23 grabbed by more than one rider. Riders have called me a racial slur. Once a rider 24 grabbed me from the back seat. But I am hesitant to report any rider's conduct 25 because I don't want to get a bad review from a rider. I need to keep my rating up 26 so that Uber will not terminate me. 27 55. Uber does not reimburse me for insurance, gas, maintenance, 28 depreciation, or cell phone data usage. 12 DECLARATION OF CHRISTOPHER CHANDLER IN SUPPORT OF THE PEOPLE'S MOTION FOR PRELIMINARY INJUNCTION 1 56. I do not own my own business as an Uber driver. I do not have 2 business cards or my own customers, and I cannot hire other drivers to work for 3 me. Uber once suspended me from the App for a period because Uber suspected 4 that I was having another driver drive my vehicle while on the App. I never did 5 that, and I tried to contact customer suppmi regarding the issue. I went to an Uber 6 Greenlight Hub to speak to an Uber representative. I received three different 7 answers from Uber and it never was smied out. I am not sure if this incident is still 8 present on my account or if it was resolved. Uber allowed me continued use of the 9 App. 10 I declare under the penalty of pe1jury under the laws of the State of 11 California and the United States of America that the foregoing is true and correct 12 and was executed on June 18, 2020, at San Diego, California. 13 14 15 Christopher Chandler 16 17 18 19 20 21 22 23 24 25 26 27 28 13 DECLARATION OF CHRISTOPHER CHANDLER IN SUPPORT OF THE PEOPLE' S MOTION FOR PRELIMINARY INJUNCTION DECLARATION OF CHRISTOPHER CHANDLER IN SUPPORT OF THE PEOPLE’S MOTION FOR PRELIMINARY INJUNCTION: EXHIBIT LIST Exhibit Document Name Date Taken No. 1 New Hire Driver 5/12/2020 2 New Hire Car Checklist 5/12/2020 3 Technology Services Agreement 11/25/2019 4 Fair Rental Car Service First Week Free 7/26/2019 5 Fair Rental Car Service 90 Trips for $150 Promo 5/12/2020 6 Platform Access Agreement 1/6/2020 7 Fare Addendum 1/6/2020 8 California Regulatory Rules and Requirements 3/5/2018 9 Uber Community Guidelines 4/22/2020 10 Uber Ride Request Screenshot 2/21/2020 11 Declining Ride Requests Warning 2/20/2020 12 Log-Out Notice After 3 Cancel/Ride Refusals 2/16/2020 13 UberX Payment Breakdown 11.25.18 [Part 1, 2,3] 5/12/2020 14 UberX Payment Breakdown 11.29.18 [Part 1,2,3] 5/12/2020 15 UberX Payment Breakdown 01.23.20 [Part 1,2,3] 5/12/2020 16 Surge under Multiplier Bonus Model 2/2/2020 17 Surge under Flat Rate Bonus Model 8/23/2019 18 Quest Promotion 80 Trips for $35 Dec 22, 2019 5/12/2020 19 Quest Promotion 10 Trips for $20 Dec 23, 2019 5/12/2020 20 Quest Weekly Promotion 80 Trips for $95 5/12/2020 21 Chris Chandler Rating Summary [Part 1,2] 5/12/2020 22 Uber Bad Review from Passenger [1] 6/16/2019 23 Uber Bad Review from Passenger [2] 2/25/2020 24 Distracted Driving Warning [Part 1] 3/8/2020 25 Distracted Driving Warning [Part 2] 2/25/2020 Exhibit One 84oos D ,s~ izm , ;. _ Completed DBIDS Commercial Access Card [Optional - For SD Navy Base Access Only] Chevrolet Malibu 6WPS11 6 Optional LAX Placard - 2018 f) Optional LAX Placard - 2020 f) Completed Vehicle Insurance Completed CA Vehicle Registration Completed Vehicle Inspection Chandler Exhibit 1 Exhibit Two 84028 (; I!! m:D _.14% Help Driver requirements Compleled Background Check Completed Driver's License Completed Profile Photo Completed DBIDS Commercial Access Card [Optional - For SD Navy 0 Base Access Only] Chevrolet Malibu 6WPS116 Optional LAX Placard - 2018 f) Chandler Exhibit 2 Exhibit Three 1. Definitions 1.1 “2015 Agreement” means the Technology Services Agreement, last updated December 11, 2015, by and among you and Rasier-CA, LLC if your Territory is within the State of California, Rasier-PA, LLC if your Territory is within the State of Pennsylvania, Rasier-DC, LLC if your Territory is within the State of Florida, Rasier-MT, LLC if your Territory is within the State of Montana, Hinter-NM if your Territory is within the State of New Mexico, or Rasier, LLC. 1.2 “2015 Termination” has the meaning set forth in Section 14.1. 1.3 “Affiliate” means an entity that, directly or indirectly, controls, is under the control of, or is under common control with a party, where control means having more than fifty percent (50%) of the voting stock or other ownership interest or the majority of the voting rights of such entity. 1.4 “City Addendum” means an addendum or supplemental information to this Agreement setting forth additional Territory-specific terms, as made available and as updated by Company from time to time. 1.5 “Class Action Waiver” has the meaning set forth in Section 15.2. 1.6 “Company Data” means all data related to the access and use of the Uber Services hereunder, including all data related to Users (including User Information), all data related to the provision of Transportation Services via the Uber Services and the Driver App, and the Driver ID. 1.7 “Company Device” means a mobile device owned or controlled by Company that is provided to you solely for your use of the Driver App to provide Transportation Services. 1.8 “Device” means a Company Device or Your Device, as the case may be.