City of San Diego sues scooter companies, demanding that they pay at the time of litigation-The San Diego Union-Tribune

2021-11-13 07:23:33 By : Mr. Blue Wu

On Bad Mental Health Day, only half of San Diego Unified students showed up at school

San Diego police arrested parents whose 3-month-old daughter died

Judge dismissed lawsuit challenging Newsom’s school mask regulations

Caesars strike on Monday affects some services

A combination of hog (and beer) heaven? Chula Vista Brewery opens a new store in East Lake

Working cat who is looking for a new place to start business

As winter approaches, public officials and researchers urge San Diego to get COVID-19 boosters

Commentary: Leonidas Kavakos and Yuja Wang: Two experts in complete control of their own music

Stolen SUV crashed in Escondido, many injured

1 person was rescued in the water near the sunset cliff; an empty panga was found nearby

The city of San Diego took the offensive in a lawsuit filed last year over the proliferation of electric scooters on public sidewalks.

Last week, city prosecutor Mara Elliott filed a lawsuit against Bird, Lyft, and several other companies that have signed operating agreements with the city, renting out “shared mobile devices” to consumers on the go.

The lawsuit was filed after disability rights advocates sued the city in federal court, alleging that pileless scooters often block pedestrians, block public access and endanger people who use wheelchairs or have impaired vision.

The lawsuit from Elliott states: "The class claimed that passengers left pile-free vehicles on sidewalks, sidewalks, curb ramps at intersections, sidewalk entry and exit points, and other rights of way."

“In addition, the class accused riders of operating shared mobile devices, especially electric scooters, on sidewalks, posing a danger to the public and prohibiting pedestrians from safely entering and using them,” it added.

The federal class-action lawsuit initially listed the scooter company as a defendant, but last year a judge dismissed their lawsuit, leaving the city of San Diego as the only defendant in the class-action case.

According to the city’s recent High Court lawsuit, the scooter company’s operating agreement specifically requires Bird, Lyft, and other operators to defend San Diego in any litigation related to dockless scooters.

The city requires the judge to implement the provisions of the operating agreement, which requires the company to compensate the city for any losses and pay the city’s expenses to defend any litigation caused by the scooter.

The city’s lawyer wrote: “As a condition of seeking permission, the defendant and each of them have agreed and executed the same compensation agreement, which is part of the application submitted by each defendant.”

More specifically, these contracts exempt New York City from any liability for "all claims, damages, losses, expenses, fines, penalties, judgments, demands, and defense costs," the agreement stipulates.

A Lyft spokesperson said the company does not comment on pending lawsuits. Bird and the other defendants did not immediately respond to requests for comment on the lawsuit. The city's complaint also lists Wheels Lab Inc., Skip Transport Inc., Skinny Labs Inc. and Neutron Holdings as co-defendants.

Lawyers in the city said that officials drafted and passed specific rules and regulations governing the use and operation of electric scooters as early as 2019.

But the lawsuit alleges that these companies failed to respond to complaints from residents of San Diego that customers left their scooters in areas not permitted by the agreement.

The lawsuit stated: "So far, no defendant has agreed to defend and/or compensate the plaintiff for the claims asserted in the basic litigation arising from the operation of the defendant."

"The complaints and reports received by the Plaintiff City through the "Complete" program have been forwarded to the defendant," it added. "The defendants did not modify their operations and practices to solve the above problems, and their actions and/or omissions continued to pose potential liability risks to the Plaintiff City."

Electric scooters became popular about five years ago as an alternative to driving, especially in the city center, beach areas and other parts of the city.

Office workers, pedestrians, and commuters rely on these devices to get from point A to point B for just a few dollars, without worrying about parking or booking in advance. They are activated via a mobile phone application and credited directly to the credit card.

Others ride them along the boardwalk or city parks.

However, the popularity of scooters became problematic within a few months because customers scattered them on sidewalks, outside office buildings, or sometimes piled up in dozens of them near street corners.

In addition, many riders refused to wear helmets and were injured in falls and collisions.

By 2019, there are more than 13,000 scooters available for rent on the streets and roads of San Diego, and the public is beginning to demand regulations on how to use them. The new rules and operating agreement were released later in the same year.

After Governor Gavin Newsom issued a mandatory stay-at-home order in March 2020 in response to the public health threat posed by COVID-19, the number of passengers plummeted.

Last year, the number of scooters available for rent over 340 square miles across the city fell to less than 100, a drop of more than 99%.

In recent months, as the pandemic has eased, the number of scooters has climbed again to more than 5,000.

A class action lawsuit against the city of San Diego is pending in the U.S. District Court.

Sign up for the weekly watchdog newsletter

Investigative reports and data news from San Diego County and other areas, every Monday morning. (7 o'clock in the morning)

You may occasionally receive promotional content from the San Diego Union Tribune.

The sheriff’s deputy recorded prison conversations between the prisoners and their lawyers

Bry Announces Candidacy for San Diego Evaluator-Recorder-County Clerk

Nurse charged with manslaughter in prison death in 2019

New outbreak of COVID-19 in San Diego County Prison highlights the difficulty of controlling the virus

A national investigation found that the body of the deceased war hero was left in the Palomar Health morgue for 10 days

Homeless people shot and killed by San Diego police file lawsuit against the city

San Diego auditor hotline exposes fraud and abuse of public resources, quarterly report shows

The auditor pointed out that dozens of cases resulting from the tips left by the fraud hotline have not been resolved

East County parts manufacturer agrees to pay $325,000 to resolve racial discrimination lawsuits

As part of the agreement, Senior Aerospace Ketema, El Cajon, a company that manufactures aerospace parts, did not admit wrongdoing.

San Diego city lawyer seeks to dismiss lawsuit brought by NBC 7 reporter

Attorney fees and court fees are also required to dismiss the motion

San Diego City Attorney and Assistant Mayor meet with lobbyists on Ash Street litigation

Southwest Strategy has disclosed multiple meetings and some political fundraising activities for elected officials

After the auditor's criticism of the San Diego real estate transaction, the City Council discussed how to prevent future failures

The board members disagree with whether the prosecution of lying employees and other changes should become policies or laws

San Diego Construction Company fined $1.7 million for violation of wage theft

JPI Construction is the second construction company in San Diego accused of wage theft in less than a week

The "victims" of McCamey Manor screamed

Strong legal arm; when it comes to minorities, San Diego officials, representatives use force more frequently

FBI, state agents raided Borrego Community Health Foundation and El Cajon billing contractor

The lawsuit links SD county child welfare service failures with child deaths and injuries

Independent review found that the woman died alone after hitting her head in prison

Sign up for the weekly watchdog newsletter

Investigative reports and data news from San Diego County and other areas, every Monday morning. (7 o'clock in the morning)

You may occasionally receive promotional content from the San Diego Union Tribune.

The former town clerk who was praised for his work in the tornado was accused of theft

Student newspaper sued for secret agreement to remove Confederate statue

The former police chief admitted to misreporting working hours

The Los Angeles Police Department said police officers falsely portrayed people as gang members and falsified records

Researcher: Some pet products touted as CBD do not have any

Do San Diego County agencies and people in positions of trust fulfill their duties, commitments, laws, and public expectations?

Privacy Policy Terms of Service Sign up for our newsletter