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Once you`ve determined where the driver went, you can use that information to get additional evidence and/or use it to support your case theory. If the records show numerous pickups and deposits at a particular hotel, a subpoena for surveillance video in an adultery case can prove invaluable (be sure to send an anti-spoliation letter in time so that the files are kept and not recorded). In addition, the tax on a Broadway play or high-end shopping district can help show the court the lifestyle the parties enjoyed during the marriage, or additional income or benefits that the party did not claim as income. A 2 a.m. party in a neighborhood of local bars never looks good in court. Uber says it refuses to hand over the information to protect the privacy of its drivers, though any non-public data submitted in response to a subpoena will be treated as taxpayer confidence. Uber has firmly stated that its drivers are independent contractors, not employees. As contractors, drivers who work in San Francisco more than seven days a year are independent companies that must obtain a business registration certificate. Drivers typically pay an annual fee of $91 for the certificate. Once a business is registered, information such as the name and address of its business is published on a business registration certificate that must be published at the place of business. The city also makes this information available on a city website so that the public has basic information about the company. It`s important that Uber drivers doing business in San Francisco sign up here, just like all other companies operating in San Francisco are required to do so, Herrera said. By signing up, entrepreneurs give consumers access to basic information about their business.

This allows consumers to check if a business is operating legally and contact the business owners in the event of a dispute. It is not necessary for a business owner to provide a home address. For example, you can list a mailbox. Once the detailed information is obtained, you will need to analyze the records and possibly take follow-up action by issuing additional subpoenas and/or anti-looting letters. The records only show an address of pick-up and drop-off locations, so additional research may be required, particularly in metropolitan areas, to determine where the driver actually went. I used Google Maps for this purpose because it shows nearby businesses; The Street View feature also gives you access to a 360-degree view of what`s in the area. However, these companies place a significant burden on existing transport infrastructure. An estimated 45,000 TNC drivers operate commercially on the streets of San Francisco. This activity of driver contributes to the wear and tear of the city`s roads. It also weighs on law enforcement and other law enforcement agencies on the road due to the high number of violations committed by drivers, such as illegal U-turns, double parking, lane violations and stops in bus zones. If the opposing party does not cooperate with the discovery, or if you need to obtain Uber records from a third party, a subpoena must be issued for detailed recordings. The assignment must include the passenger`s phone number and email address, as this is how Uber identifies accounts in general.

The summons should also specify the period for which the documents are requested. When serving the subpoena, I recommend that you follow the guidelines on Uber`s website regarding the service of subpoenas by their registered agent in accordance with your jurisdiction`s rules of procedure. (Uber states that it is registered with the Secretaries of State as « Uber Technologies, Inc. » or « Rasier, LLC. ») In August 2014, the Treasury and the tax office regularly asked Uber for information about its drivers to verify compliance with the city`s commercial and tax laws. Uber provided this data until December 2016, when it abruptly refused. On January 26, 2017, Treasurer José Cisneros and Collector David Augustine issued a subpoena to obtain the information. The subpoena was amended on March 20, 2017 at Uber`s request, but the company refused to comply and instead went to court on May 1, 2017 to lift the subpoena. « San Francisco has over 130,000 registered businesses, and everyone — big or small — who operates here has to play by the same rules, » Cisneros said. « Publishing information about a company`s registration status is a basic consumer protection service – people who use a business have the right to know if that company is doing business legally. » The motion, filed in San Francisco Superior Court, seeks a court order requiring Uber to comply with a subpoena from Cisneros` office to obtain information about the company`s drivers who operate in San Francisco, including their names and addresses.

This will help determine whether Uber drivers doing business in San Francisco have received a certificate of business registration from the Office of Treasury and Tax Collection, which is required for any business operating in the city. Despite Uber`s policy that all riders must be 18, many teens still use the app. A teen`s Uber records showing routine Uber rides after midnight while in a parent`s care can be used in custody cases. If the party chooses to share the tariff with another person, it could lead to the discovery of a witness that has not been disclosed before. « Being able to search for someone`s name and address is vital for consumers, and it`s not a revolutionary idea, » Herrera said. « There was something like a phone book that did that. We are in this situation because Uber insists that its drivers are not its employees. Forcing drivers to become independent contractors means that everyone is their own business. It`s a consequence of Uber`s desire to fatten its bottom line at the expense of the people who do the work. « The advent of ride-sharing apps and other similar services and apps gives the family lawyer the opportunity to obtain additional information about the habits and routines of the parties or witnesses. In our firm`s practice, we have used ride-sharing giant Uber`s records to prove adultery, waste of marital property, and the ability of the foster spouse to spend in support of a child support and child support claim.