oN
AN
2)
€
MAYERBROWN
LLP
cn
JOHN
NADOLENCO
SBN
181128)
jnadolenco@mayerbrown.com
DANIEL
D.
QUEEN
SBN
9 75
3
|
dgueen@mayerbrown.com
350S.
Grand
Avenue,
25™
Floor
4|
Los
Angeles,
CA
9 71 15 3
Telephone:
213)
229 95
5|
Facsimile:
213)625-0248
6
|
Attomeys
for
Petitioner
and
Plaintiff
WAYMO
LLC
7
8
SUPERIOR
COURT
OF
THE
STATE
OF
CALIFORNIA
COUNTY
OF
SACRAMENTO
10
11
|
WAYMO
LLC,
a
Delaware
limited
liability
g
CASENO
Ls
V RIFI
COMPLAINT
AND
s
PETITION
FOR:
Petitioner
and
Plaintiff
14
1
WRIT
OF
MANDATE
CIV.
PRO.
CODE
§
1085 ;
15]
CALIFORNIA
DEPARTMENT
OF
MOTOR
|
2
DECLARATORY
RELIEF;
and
EHICLES;
and
O S
1
through
100,
16
inclusive. 3
INJUNCTIVERELIEF
Respondents
and
Defendants,
819
20
21
2»
2 26
23
1
RT
TETOR
Waymo
LLC
“Waymo”
or
“Petitioner”),
for
its
Verified
Petition
and
Complaint
alleges
2|as
follows:
3
JURIS I TION
N
VENUE
4
Waymo
brings
this
action
to
prevent
thedisclosure
by
the
California
Department
5
|
of
Motor
Vehicles
the
“DMV
of
sensitivetrade
secret
information
and
records
pertaining
to
6
|
Waymo s
operations
in
response
to
public
records
requests
made
under
theCalifornia
Public
7
|
RecordsAct
“CPRA®)
codified
at
Government
Code
section
6250
ef
seq.
8
2.
Jurisdiction
and
venue
are
proper
in
this
Court
because
theaction
arises
under9
|
California
state
law,
the
DMV
resides
in
Sacramento
and
the
threateneddisclosure
described
10
|
herein
would
occur
in
Sacramento.
n
PARTIES12
Waymo
is
a
Delaware
limited
liability
company
duly
authorized
to
do
business
in
13
|
the
State
of
California
Waymo s
headquarters
and
principal
place
of
business
are
in
Mountain
14
|
View
California
Waymo
is
a
leading
participant
in
the
emerging
n ustry
f
autonomous
vehicle
15
|
technology.
16
4
TheDMV
isan
agency
of
the
State
of
California
withheadquarters
in
Sacramento
17
|
California
The
DMV
developed
and
administers
an
Autonomous
Vehicle
Deployment
Program
18
|
10
establish
regulations
that
manufacturers
and
other
entities
are
required
to
meet
before
theycan
19
|
deploy
autonomous
vehicles
on
California’s
public
roads.
20
5
Waymo
does
not
know
the
true
names
or
capacities
of
the
defendants
sued
herein
21
|
as
DOES
through
100,
inclusive,
and
will
amend
this
complaint
and
petition
to
allege
such
facts
22
|
as
soon
as
they
areascertained.
Waymo
is
informed
and
believes,
and
on
that
basis
alleges,
that
23
|
the
defendants,
andeachof
them
designated
herein
as
DOES
through
100,
inclusive,
are
in
some
24
|
manner
responsible
for
the
events
and
happenings
alleged
herein,
or
otherwise
participated
in
the
25
|
acts
alleged
herein
and
as
a
result
caused
harm
to
Waymo.
2
-_—
2
VERIFIED
COMPLAINT
AND
PETITION
—_—
©
|
GENERAL
ALLEGATIONS
2
A.
The
DMV’s
Autonomous
Vehicle
Deployment
Program
3
6
Pursuant
to
the
authority
granted
to
it
under
California
Vehicle
Code
section
38750,
4|
on
or
about
April
1,
2018,
the
DMV
promulgated
regulations
regarding
the
deployment
of
5
|
autonomous
vehicles
on
public
roads
in
California.
Those
regulations
are
codified
in
Title
13,
6|
Division
1,
Chapter
1,
Article
3.8
of
the
California
Code
of
Regulations.
See
generally
Title13,
7|
California
Code
of
Regulations
§§228.00
et
seq.
8
7
The
applicable
DMV
regulations
provide
in
pertinent
part:
“[Aln
autonomous
9
|
vehicle
shall
not
bedeployed
on
any
public
road
in
California
until
the
manufacturer
hassubmitted
10
|
and
the
department
has
approved
an
Application
for
a
Permit
to
Deploy
Autonomous
Vehicles
on
11
|
Public
Streets,
form
OL
321
(Rev.
7/2020),
which
is
hereby
incorporated
by
reference.”
13
Cal.
12
|
Code
Regs.
§
228.06(a).
13
8
Consistent
with
this
regulatory
authority,
the
DMV
has
developed
and
adopted
14
|
Form
OL
321,
Application
for
a
Permit
to
Deploy
Autonomous
Vehicles
on
Public
Streets,
which
15
|
is
available
on
the
DMV’s
Autonomous
Vehicle
DeploymentProgram
Website
The
Application
16
|
requires
submitting
manufacturers
to
affirm
15
separate
“acknowledgements”
that
correspond
to
17
|
the
various
certification
requirements
in
13
Cal.
Code
Regs.
§§
228.06(a)
and
228.06(b).
See
Form
18
|
OL
321 Section
3.
Additionally,the
form
lists
up
to
12
attachments
meant
to
be
included
with
19
|
he
application.
The
content
of
those
attachments
likewise
is
derived
from
the
regulatory
20
|
requirements.
See
Form
OL
321,Section
4.
21
9
Autonomous
vehicle
manufacturers
including
Waymo
must
disclose
in
Form
OL
22
|
321
directly
and/or
through
the
requiredattachments
significant
and
sensitivetradesecret
23
|
information.
Likewise,
in
connection
with
its
assessment
of
an
Application,
the
DMV
typically
24
|
asks
numerous
follow-up
questions
that
require
further
disclosure
of
significant
and
sensitive
trade
25
|
secret
information.
This
tradesecret
information
includes,
inter
alia:
detail
about
the
operational
26
|
design
domain
of
the
autonomous
vehicle
to
bedeployed
i.c.,
the
geographywhere
the
vehicles
27
would
be
operating);
operating
restrictions
applicable
to
the
autonomous
vehicle;
details
28
|
concerning
how
the
vehicle
reacts
when
outside
of
its
operational
design
domain
or
when
—_—
er
— ———
VERIFIED
COMPLAINT
AND
PETITION
|