TOA SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Dec-10-2014 1:09 pm Case Number: CCH-14-576447 Filing Date: Dec-05-2014 2:55. Filed by: MARYANN E. MORAN Juke Box: 001 image: 04713406 PETITION FOR INJUNCTION PROHIBITING HARASSMENT UBER TECHNOLOGIES, INC VS. ROBERT SCOTT DERVAES JR 001004713406 Instructions: Please piace this sheet on top of the document to be scanned.eS iY) Petition for Workplace Violence Restraining Orders Read How Do I Get an Order to Prohibit Workplace Violence (Form WV-100-INFO) before completing this form. NOTE: Petitioner must be an employer with standing to bring this action under Code of Civil Procedure section 527.8. Also fill out Confidential CLETS Information (Form CLETS-001) with as much information as you know. Petitioner (Employer) a. Name: Uber Technologies, Inc. fey OO (specify): isa corporation sole proprietorship and is filing this suit on behalf of the employee identified in item ®. Name: Michael Li-Ming Wong . Lawyer for Petitioner (if any for this case): State Bar No.: 194130 Firm Name: Gibson, Dunn & Crutcher LLP Petitioner’s Address (if the petitioner has a lawyer, give the lawyer's information): c. Address: 555 Mission Street, Suite 3000 Clerk stamps date here when form is filed. Superior Court of California County of San Francisco DEC 05 2014 CLERK OF THE COURT " 4 at loon Meta, Deputy Clerk Fill in court name and street address: Superior Court of California, County of San Francisco 400 McAllister St. San Francisco, CA 94102-4515 Court fills in case number when form is filed. Case Number: = CCH 14-576 457 City: San Francisco State: CA Zip: 94105 Telephone: 415-393-8200 Fax: 415-393-8306 E-Mail Address: mwong@gibsondunn.com Employee in Need of Protection Full Name: Travis Kalanick M F % Sex: Age: 38 Respondent (Person From Whom Protection Is Sought) Full Name: Robert Scott Dervaes, Jr. Age: 45 Address (if known): City: State: Zip: @ Additional Protected Persons a. Are you asking for protection for any family or household members of the employee or for any other employees at the employee’s workplace or at other workplaces of the petitioner? Sex Age Household Member? Relationship to Employee x] No Company co-founder No Co-worker (SVP Bus. Dev.) x] Yes [] No (If yes, list them): Name Garrett Camp M 36 Yes Emil Michael M 42 Yes [x Yes No 1 Additional protected persons are listed in Attachment 4a. a not a Court Order. Judicial Council of California, www.courts.ca.gov Revised July 1, 2014, Mandatory Form Code of Civil Procedure, §§ 527.8 and 527.9 Petition for Workplace Violence Restraining Orders (Workplace Violence Prevention) WV-100, Page 1 of 6b, Why do these people need protection? (Explain): Response is stated in Attachment 4b. Please see attached declaration of Jon Archer. Respondent poses a credible threat to the employee at his office and elsewhere and has already made contact with Camp and Michael in the past. ® Relationship of Employee and Respondent a. How does the employee know the respondent? (Describe): Employees do not know the respondent. Response is stated in Attachment Sa. b. Respondent is [] isnot acurrent employee of petitioner. (Explain any decision to retain, terminate, or otherwise discipline the respondent): Response is stated in Attachment 5b. Venue Why are you filing in this county? (Check ail that apply): a. The respondent lives in this county. b. [J The respondent has caused physical or emotional injury to the petitioner’s employee in this county. x c ® Other Court Cases a. Other (specify): The respondent has made credible threats in this county. Has the employee or any of the persons named in@)been involved in another court case with the respondent? x] No Yes Ifyes, check each kind of case and indicate where and when each was filed: Kind of Case Filed in (County/State) Year Filed Case Number (if known; a Workplace Violence (2) © Civil Harassment @G) Domestic Violence (4) Divorce, Nullity, Legal Separation (5) Paternity, Parentage, Child Support (6) O Eviction () Guardianship (8) Small Claims (cD) Postsecondary School Violence (10) (] Criminal (11) (1) Other (specify): b. Are there now any restraining orders or criminal protective orders in effect relating to the employee or any of the persons in @) and the respondent? [x] No Yes (if yes, attach a copy if you have one.) This is not a Court Order. Reveed eo Petition for Workplace Violence Restraining Orders WV-100, Page 2 of 6 (Workplace Violence Prevention) >Case Number: Description of Respondent's Conduct a. Respondent has (check one or more): q) (2) Assaulted, battered, or stalked the employee ] Made a credible threat of violence against the employee by making knowing or willful statements or engaging in a course of conduct that would place a reasonable person in fear for his or her safety or the safety of his or her immediate family. b. One or more of these acts (check either or both): a Q) x] Took place at the employee’s workplace x] Can reasonably be construed to be carried out in the future at the employee’s workplace Address of workplace: 1455 Market Street, San Francisco, CA 94103 c. Describe what happened. (Provide details; include the dates of all incidents beginning with the most recent; tell who did what to whom; identify any witnesses): Response is stated in Attachment 8c. A full description appears in the attached declaration of Jon Archer, Respondent Dervaes appears to be a deeply disturbed ex-lawyer and bankrupt who has made increasingly ominous threats against Mr. Kalanick, the CEO of the ridesharing company Uber. Dervaes, delusionally, claims that Mr. Kalanick has threatened his family. Dervaes has entered Mr. Kalanick's workplace twice and refused to leave for a period of time. Both times he was agitated and highly intoxicated. In erratic and rambling text messages, phone calls, and online statements, Dervaes expresses a vague but urgent desire to encounter Mr. Kalanick in person. Over the last month, and in many messages, those demands have grown menacing. For instance, Dervaes told Mr. Kalanick, “I can’t undo what happens tomorrow.” Another message said, “ego is the death of many great Men, it is always the death of mediocre Men.” Another said, “I’m alone if you don’t you made your bed. Know your enemy before you pick a fight.” Another said, “you will never survive it.” And most concerningly, yesterday, on December 3, he called Mr. Kalanick's personal-security officer directly and said, “It’s over for Travis this weekend, the end is near.” Dervaes claims to have Marines military training. He also has records of arrests for violence against the police in Delaware (2011) and a DUI in Florida (2013). d. Was the employee harmed or injured? Yes [x] No (Ifyes, describe harm or injuries): Response is stated in Attachment 8d. e. Did the respondent use or threaten to use a gun or any other weapon? Yes [x] No (Ifyes, describe): oO Response is stated in Attachment 8e. Mca Cee e- Merl ace) eel-1g a Revised July 1,2014 Petition for Workplace Violence Restraining Orders WV-100, Page 3 a (Workplace Violence Prevention)Case Number: f. For any of the incidents described above, did the police come? Yes [xk] No I don’t know If yes, did the employee or the respondent receive an Emergency Protective Order? Yes [x] No I don’t know Ifyes: The order protects (check all that apply): (1) [) The employee. (2) The respondent. c. [ One or more of the persons in®. Attach a copy of the order if you have one. Check the orders you want M7 @) E be a. es Personal Conduct Orders Task the court to order the respondent not to do any of the following things to the employee or to any person to protected listed in(@): X] Harass, intimidate, molest, attack, strike, stalk, threaten, assault (sexually or otherwise), hit, abuse, destroy personal property of, or disturb the peace of the person. X] Commit acts of unlawful violence on or make threats of violence to the person. X] Follow or stalk the person during work hours or to or from the place of work. X] Contact the person, either directly or indirectly, by any means, including, but not limited to, in person, by telephone, in writing, by public or private mail, by interoffice mail, by e-mail, by text message, by fax, or by other electronic means. (] Enter the person’s workplace. Other (specify): ( As stated in Attachment 9f. The respondent will be ordered not to take any action to get the addresses or locations of any protected person unless the court finds good cause not to make the order. Stay-Away Order a. Task the court to order the respondent to stay at least 50 yards away from (check all that apply): (1) & The employee (8) [x] The employee’s vehicle (2) [] The other persons listed in @) (9) 1 Other (specify): (3) [J The employee’s workplace (4) El The employee’s home (5) [] The employee’s school (6) El The school of the employee’s children (7) & The place of child care of the employee’s children This is not a Court Orde Ce ———— ee Reed Petition for Workplace Violence Restraining Orders WV-100, Page 4 gle (Workplace Violence Prevention)Case Number: b. Ifthe court orders the respondent to stay away from all the places listed above, will he or she still be able to get to his or her home, school, or job? x] Yes No (If no, explain): C1 Response is stated on Attachment 1 0b. @) Guns or Other Firearms and Ammunition Does the respondent own or possess any guns or other firearms? Yes 1] No [J I don’t know If the judge grants a protective order, the respondent will be prohibited. | from owning, possessing, purchasing, receiving, or attempting to purchase or receive a gun, other firearm, and ammunition while the protective order is in effect. The respondent will also be ordered to turn in to law enforcement, or sell to or store witha licensed gun dealer, any guns or firearms within his or her immediate possession or control. (2) Request for Immediate Orders Without Notice Do you want the court to make any of these orders now that will last until the hearing without notice to the respondent? x] Yes No (Ifyou answered yes, explain why): Response is stated on Attachment 12. Petitioner pledges to attempt to serve the respondent with the TRO papers immediately to effect notice, but respectfully requests an effective order in the interim given the fact that a death threat is made for this very weekend. Moreover, respondent appears to change addresses with uncommon frequency and may be very hard to locate. (3) Request for Less Than Five Days’ Notice You must have your papers personally served on the respondent at least five days before the hearing, unless the court orders a shorter time for service. (Form WV-200-INFO explains what is proof of personal service. Form WV-200, Proof of Personal Service, may be used to show the court that the papers have been served.) If you want there to be fewer than five days between service and the hearing, explain why: CO Response is stated in Attachment 13. No Fee for Filing Lask that there be no filing fee because the respondent has threatened violence against the employee, or stalked the employee, or acted or spoken in a manner that has placed the employee in reasonable fear of violence. This is not a Court Orde: OO eee nena nt ee Petition for Workplace Violence Restraining Orders WV-100, Page 5 of 6 (Workplace Violence Prevention) >@ @ No Fee to Serve Orders I ask the court to order the sheriff or marshal to serve the respondent with the others for free because this request for orders is based on a credible threat of violence or stalking. x] Court Costs lask the court to order the respondent to pay my court costs. Additional Orders Requested I ask the court to make the following additional orders (specify): Additional orders requested are stated in Attachment 17. Number of pages attached to this form, if any: Date: 12/4/2014 Michael Li-Ming Wong lpViry Wet Lawyer’s name (if any) Lawyer's signature I declare under penalty of perjury under the laws of the State of California that the information above and on all attachments is true and correct. Date: 12/4/2014 Abo vaact kperiae — » Ae neasng Ceonsel cuaciare wt This is not a Court Order. Pere eeeaat Petition for Workplace Violence Restraining Orders WV-100, Page 6 of 6 | Name of petitioner Signature (Workplace Violence Prevention)MC-031 PLAINTIFF/PETITIONER: Uber Technologies, Inc. DEFENDANT/RESPONDENT: Robert Scott Dervaes, Jr. CASE NUMBER: DECLARATION (This form must be attached to another form or court paper before it can be filed in court.) See attached declaration. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: Jon Archer (TYPE OR PRINT NAME) } (SIGNATURE OF DECLARANT) Attorney for Respondent [v7 Fefideen Gocnel of allo ATTACHED DECLARATION "MC-031 [Rev. July 1, 2005] Plaintiff [1] Petitioner Other (Specify): Employee of petitioner Defendant Page 1oftwo wn ann sp wD 28 Gibson, Dunn & Grutcher LLP. GIBSON, DUNN & CRUTCHER LLP MICHAEL LI-MING WONG, SBN 194130 mwong@gibsondunn.com 555 Mission Street, Suite 3000 San Francisco, California 94105-2933 Telephone: 415.393.8200 Facsimile: 415.393.8306 Attomey for Uber Technologies, Inc. SUPERIOR COURT OF THE STATE OF CALIFORNIA CLERK OF TH GOUAT BY: a gpity FOR THE COUNTY OF SAN FRANCISCO UBER TECHNOLOGIES, INC., Petitioner, a ROBERT SCOTT DERVAES, JR., Respondent, CASE NO. § 527.8 ASSIGNED FOR ALL PURPOSES TO: ¥ Si . i, of ¥ DB CCH- DECLARATION OF JON ARCHER IN SUPPORT OF UBER’S APPLICATION FOR A TEMPORARY RESTRAINING ORDER AND A RESTRAINING ORDER, CCP ounty of San Francisco pes 08 2Ot4 14-576447 Declaration Of Jon Archer28 Gibson, Dunn & ‘Crutcher LLP I, Jon Archer, do hereby declare and state as follows: 1. Iam a Protective Services Specialist with Uber Technologies, Inc. (“Uber”). I work in Uber’s Global Security and Safety division, tasked with the personal safety of Uber executives. 2. Previously I worked for the Cuyahoga Falls, Ohio, Municipal Court, and then for more than six years as an officer in the United States Secret Service. My background has given me specialized training in identifying risk and especially the dangers posed by and to individuals. 3. My duties include overseeing the personal security of Travis Kalanick and Garrett Camp. Mr. Kalanick and Mr. Camp are Uber’s co-founders. Mr. Kalanick is Uber’s CEO. Mr. Camp is Uber’s Chairman. Both men have been instrumental in the creation of a multi-billion dollar business and have a prominent presence in the media, tech sector, and financial world. 4, Robert Scott Dervaes, Jr., who goes by “Scott,” first came to my attention on November 5, 2014, when he visited Uber’s San Francisco headquarters without appointment and demanded a meeting with Mr. Kalanick and Mr. Camp. Dervaes wore a suit and carried a briefcase. But in demeanor and behavior he appeared to be under the influence of drugs or alcohol or both. His speech was slurred and he spoke rapidly, often switching topics unprompted. He was informed that _ he could not meet with Mr. Kalanick. He raised his voice and cursed and appeared to be having an imagined conversation with Mr. Kalanick. This interaction lasted more than thirty minutes. He was unwilling to leave until I offered my cell phone number, promising a follow-up phone call. 5. Over the next two days, Dervaes began to “tweet” Mr. Camp (i.e., to send text messages via the online Twitter platform) regarding Dervaes’s business partnership proposals and invoking Mr. Kalanick’s name. Dervaes also left three lengthy voicemails for me expressing his urgent need to meet with Mr. Kalanick in person. 6. On November 8, 2014, Dervaes began a series of “tweets” to Mr. Kalanick. These largely were twelve emotion-laden, incoherent statements about the “relationship” between him and Mr. Kalanick ending. One read: “I can always help, many people behind me give me what ever i ask for. I will promise to forever be sorry. That was no stunt.” Another read: “moving on. I’m sorry about the car. It is the worst thing I will live with. You came I had open arms, we would be all good.” I came to believe on reading these messages that they reflected seriously disordered thinking. 2 Declaration Of Jon ArcherCem YN DAH BBW NY NNN YN NN DY Be Be eB Be ew ewe eB ew YA AA BF OH fF SF GDM AAA RHE H SH S 28 Gibson, Dunn & Crutcher LLP Te On November 10, 2014, Dervaes left two more voicemails for me consistent with our previous interactions. He again importuned an immediate in-person meeting with Mr. Kalanick. 8. On November 13, 2014, Dervaes sent a series of text messages to my phone. In the messages he told me that he was a former Marine and that he wanted to travel to New York City to meet with Mr. Kalanick at the Heroes Gala, where Mr. Kalanick was being honored. 9. The next day, Dervaes began to tweet Mr. Kalanick as well as “message” him on Facebook. He reiterated that he wanted to be in New York City with Mr. Kalanick. 10. | On November 18, 2014, Dervaes tweeted a further series of messages expressing an unavoidable need to meet with Mr. Kalanick. He mentioned my name in one, implying that Mr. Kalanick should talk with me. 11. On November 19, 2014, Dervaes began to send Twitter messages to Sarah Lacy, a journalist involved in a news story involving Mr. Kalanick and Uber’s Senior Vice President of Business Development, Emil Michael. At this point he began to express hostility toward Mr. Kalanick (and Mr. Michael). In one tweet he called Mr. Kalanick “a bully and thug.” He also implied that he had some form of personal security against Mr. Kalanick. Dervaes also referred to Mr. Michael during one of his visits and falsely implied a pre-existing relationship between them. 12. On November 25, 2014, Dervaes left me a voicemail in which he stated something to the effect that he was under immense pressure and that he needed to see Mr. Kalanick immediately. 13. On November 29, 2014, Dervaes began to tweet Bill Gurley, an Uber board member, regarding Mr. Kalanick and his deep frustration at not being able to meet with Mr. Kalanick. 14, Between November 30, 2014 and December 2, 2014, Dervaes continued to tweet Mr. Kalanick. The frequency increased and the tone grew morbid and premonitory. Dervaes began making threats against Mr. Kalanick’s well-being. For example, he told Mr. Kalanick, “I can’t undo what happens tomorrow.” Another said, “ego is the death of many great Men, it is always the death of mediocre Men.” Another said, “I’m alone if you don’t you made your bed. Know your enemy before you pick a fight.” Another said, “you will never survive it.” 15. On December 3, 2014, Dervaes again visited Uber’s headquarters to see Mr. Kalanick. He was detained by Uber security officers. As with his initial visit a month earlier, Dervaes wore a 3 Declaration Of Jon Archer0 em YN DH PF WN RYN YN NK HN B&B Be ew Be Be Be Be eB eB YA aK OH FS CHARI A ARH NH HS 28 Gibson, Dunn & Grutcher LLP suit and carried a briefcase. Security agents could not ascertain its contents. Dervaes was clearly intoxicated. He reeked of alcohol and swayed as he spoke; his speech was slurred and he was unable to complete statements. Again Dervaes raised his voice and cursed at me and others and spoke directly to Mr, Kalanick, who was not present, as if hallucinating. He was told that he could not see Mr. Kalanick and was eventually persuaded to leave. Immediately afterward I called him to ask the nature of the visit. It was difficult to understand him and he was furious about not seeing Mr. Kalanick. He said something to the effect of, “It’s over for Travis this weekend, the end is near.” Dervaes angrily hung up after making the statement (which refers to this coming weekend). 16. In a text message I later received from him, he claimed for the first time that he and his family had been threatened on “behalf” of Mr. Kalanick. He mentioned a “2 hour and 11 minute threat to me [Dervaes] and my family.” This is the last interaction I have had with Dervaes. 17. Out of concern I made inquiries into Mr. Dervaes’s background. It appears he was a lawyer before being suspended from practice by the State of California. The California Bar reports a substantial history of disciplinary action against him for misconduct and acts of “moral turpitude.” The Bar almost mentioned Dervaes’s failure to submit a “mental health report.” 18. Dervaes claims to be a former Marine. He may have military training. 19. Public records (including some from the San Francisco Superior Court) reflect that Dervaes has multiple liens and judgments against him and that he has filed for bankruptcy. 20. The Cape Gazette of Lewes, Delaware, reported in June 2011 that one “Scott Dervaes, Jr.,” was arrested after attempting to enter a government office. He refused to obey the instructions of a police offer and there was a struggle to subdue him. He was placed into custody and charged with disorderly conduct and resisting arrest. A background check shows that Dervaes lived in Lewes, Delaware. To me this confirmed Dervaes’s dangerous and unlawful propensities. 21. [also find in official state records that in October 2013 a “Robert Scott Dervaes” was arrested and charged in Duval County, Florida, with a DUI involving alcohol or chemical substances. The arrest was apparently made by the Jacksonville Airport police. The birthdate matches up and a background check places Dervaes in Duval County around that time. 4 Declaration Of Jon ArcherGibson, Dunn & Crutcher LLP 22. I believe from my interactions with him in person, via text message, and by phone that Dervaes is profoundly unstable. He manifests a propensity toward violence, such as in his scuffle with Delaware police that led to criminal charges, and in his persistent threats against Mr. Kalanick. 23. He has become increasingly erratic in conduct and ominous in tone, both threatening Mr. Kalanick and claiming to feel threated by Mr. Kalanick. His repetitive, rambling communications to Mr. Kalanick, almost daily for some periods of time, reflect in my view obsessive behavior. He has shown up the Uber offices twice and he has been exceedingly difficult to remove. Amplifying this concern, based on my training in personal security, is that Dervaes appears to be tracking Mr. Kalanick’s physical movements, such as in Dervaes’s awareness that Mr. Kalanick was traveling to New York. His abuse of drugs, or alcohol, or both, intensifies my concern. 24. Lam also apprehensive that Dervaes’s financial and legal predicaments have produced a measure of desperation. This is reflected in his increasingly strident calls for Mr. Kalanick to ally with him in business. As he grasped that Mr. Kalanick had no such intentions, Dervaes appears to have “turned” on Mr. Kalanick with words of menace. These has grown more dire by the day. “Know your enemy before you pick a fight” soon became “It’s over for Travis this weekend, the end is near.” I believe this last remark is meant is a specific threat of violence. I will treat it as such. 25. | Myconcern has become more acute after Dervaes’s claim that his family was threatened by Mr. Kalanick. The claim is wholly delusional, but in my experience those who believe their children are threatened or feel personally targeted are especially primed for violent behavior. 26. I believe the threat of violence is credible. Dervaes appears to have been arrested recently in two states for illegal conduct. And he has already entered Mr. Kalanick’s office twice. 27. Despite Mr. Kalanick’s national and international prominence, I am not aware of any other individual who has behaved in such a credibly threatening way toward Mr. Kalanick. 28. I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on December 4, 2014 in San Francisco, California. UM Za Jon Archer 0] 101843956.1 5 Declaration Of Jon ArcherMC-031 |. PLAINTIFF/PETITIONER: Uber Technologies, Inc. CASE NUMBER: DEFENDANT/RESPONDENT: Michael Li-Ming Wong DECLARATION (This form must be attached fo another form or court paper before it can be filed in court.) See attached declaration. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: \ : Michael Li-Ming Wong Awl ed My hay 1J7 (TYPE OR PRINT NAME) (SIGNATURE OF DEGIyRANT) ¥] Attorney for Plaintiff Petitioner ] Defendant oO Respondent Other (Specify): fide Gaur! o Calta ATTACHED DECLARATION 'MC-031 [Rev July 1, 2005}, Page 1 of 128 Gibson, Dunn & Crutcher LLP F i i fifornia Suporie’ ean aera GIBSON, DUNN & CRUTCHER LLP g 5 B14 MICHAEL LI-MING WONG, SBN 194130 aee 98 0 mwong@gibsondunn.com HE COURT 555 Mission Street, Suite 3000 CLERK oF aH San Francisco, California 94105-2933 BY: Beputy Clerk Telephone: 415.393.8200 Facsimile: 415.393.8306 Attorney for Uber Technologies, Inc. SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO UBER TECHNOLOGIES, INC., casENo. CCH-14-576447 Petitioner, DECLARATION OF MICHAEL LI-MING WONG RE: NOTICE OF EX PARTE v. REQUEST (NO NOTICE GIVEN) (TEMPORARY RESTRAINING ORDER) ROBERT SCOTT DERVAES, JR. ASSIGNED FOR ALL PURPOSES TO: Respondent, I, Michael Li-Ming Wong, do hereby declare and state as follows: ar Jam an attorney at law duly licensed to practice before this Court and all of the courts in the State of California. I am an attorney with the law firm Gibson, Dunn & Crutcher LLP, and am representing Petitioner Uber Technologies, Inc. (“Uber). I make this declaration in support of Uber’s Petition for Workplace Violence Restraining Orders. 2. I did not give notice to Respondent, Robert Scott Dervaes, Jr., in this action because I believe that giving notice would prompt Respondent to take unlawful actions to further harass and threaten the safety of Uber employees, especially the company’s CEO and co-founder. I also believe that Uber is entitled to a temporary restraining order under the law without notice to the Respondent, given the seriousness and credibility of the Respondent's threats. oF I will attempt to serve the respondent at known addresses with the TRO papers immediately to effect notice, but I respectfully request an effective order in the interim given the fact Declaration Of Michael Li-Ming Wong28 Gibson, Dunn & Grutcher LLP that a death threat is made for this very weekend. Moreover, respondent appears to change addresses with uncommon frequency and may be very hard to locate in the coming days. I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on December 4, 2014, in San Francisco, California. [VT Michael Li-Ming Wohg 2 Declaration Of Michael Li-Ming Wong.