whether Defendants ' unfair or deceptive acts affect the public interest ; whether Drivers have 2 been injured in their business or property by Defendants ' unfair or deceptive acts; and 3 whether Defendants ' unfair or deceptive acts have caused injury to Drivers . 4 Pursuant to CR 23(a)(3), Plaintiffs ' claims are typical ofthe claims of all class 5 members and of Defendants ' anticipated affirmative defenses thereto . 6 Plaintiffs will fairly and adequately protect the interests of the classes as 7 required by CR 23(a)(4) . 4.7. Pursuant to CR 23(b)(3) , Defendants have on grounds generally applicable to members of the class by charging Drivers fees for trips they did not make and 10 11 for services they did not receive. Questions of law or fact common to members of this 12 predominate over any questions affecting only individual members and a class action is 13 superior to other available methods for the fair and efficient adjudication of the controversy . 14 V. CLAIMS FOR RELIEF 5.1. Plaintiffs repeat and reallege the allegations set forth above. 5.2. Breach of Contract. As a result of the foregoing events, Defendants have breached and continue to breach the terms of their contracts with Drivers by, inter alia, 19 limiting Drivers ' schedules, collecting fees for outbound revenue trips Drivers do not make , 20 collecting fees for dispatch services Drivers do not receive , and collecting fees from Metered 21 Drivers for software and equipment upgrades when such equipment does not function . 22 5.3. Breach of the Duty of Good Faith and Fair Dealing. Defendants breached their duty to deal fairly and in good faith with Plaintiffs by , failing to cooperate with the inter alia, Drivers so that they may receive the full benefit of contracts. 26 SCHROETER GOLDMARK & BENDER CLASS ACTION COMPLAINT- 7 810 Third Avenue Suite 500 Seattle. WA 98104 • • Phone (206) 622-8000 Fax (206) 682-2305 •
whether Defendants ' unfair or deceptive acts affect the public interest ; whether Drivers have 2 been injured in their business or property by Defendants ' unfair or deceptive acts; and 3 whether Defendants ' unfair or deceptive acts have caused injury to Drivers . 4 Pursuant to CR 23(a)(3), Plaintiffs ' claims are typical ofthe claims of all class 5 members and of Defendants ' anticipated affirmative defenses thereto . 6 Plaintiffs will fairly and adequately protect the interests of the classes as 7 required by CR 23(a)(4) . 4.7. Pursuant to CR 23(b)(3) , Defendants have on grounds generally 10 applicable to members of the class by charging Drivers fees for trips they did not make and 11 for services they did not receive. Questions of law or fact common to members of this 12 predominate over any questions affecting only individual members and a class action is 13 superior to other available methods for the fair and efficient adjudication of the controversy . 14 V. CLAIMS FOR RELIEF 5.1. Plaintiffs repeat and reallege the allegations set forth above. 5.2. Breach of Contract. As a result of the foregoing events, Defendants have breached and continue to breach the terms of their contracts with Drivers by, inter alia, 19 limiting Drivers ' schedules, collecting fees for outbound revenue trips Drivers do not make , 20 collecting fees for dispatch services Drivers do not receive , and collecting fees from Metered 21 Drivers for software and equipment upgrades when such equipment does not function . 22 5.3. Breach of the Duty of Good Faith and Fair Dealing. Defendants breached their duty to deal fairly and in good faith with Plaintiffs by , inter alia, failing to cooperate with the Drivers so that they may receive the full benefit of contracts. 26 CLASS ACTION COMPLAINT- 7 SCHROETER GOLDMARK & BENDER 810 Third Avenue • Suite 500 • Seattle. WA 98104 Phone (206) 622-8000 • Fax (206) 682-2305