A taxi cab driver’s suit against Uber for providing unlicensed transportation services that appropriated passengers and income from licensed taxicab drivers was properly dismissed under Pub. Util. Code 1759 as interfering with the PUC’s jurisdiction.  The PUC has had an on-going regulatory investigation into how to best regulate Uber and other similar transportation network companies.  The PUC issued Uber a TNC license for its UberX service and continues to investigate whether and how to regulate that service as well as Uber’s other services.  This suit would interfere with the PUC’s on-going efforts in this area.  Also, raising the same arguments in a demurrer to an amended complaint as had been raised in the demurrer to the original complaint does not violate Code of Civil Procedure 1008–so long as the demurrer to the amended complaint does not reargue points on which the earlier demurrer was overruled.  When the original demurrer is sustained as to all claims, all of the arguments originally raised may be repeated in a demurrer to an amended complaint.

California Court of Appeal, First District, Division One (Margulies, J.); January 29, 2018; 2018 WL 580714.