-... ~... SUPERIOR COURT OF THE STATE OF CALIFORNIA. C01JNTY OF SANTA CLARA 1. 6 C lj CASE NO. COMPLAINT FOR: Plaintiff,

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1 I -... ~...,_ Mark R. Figueiredo, Esq. (State Bar No ) Ethan G. Solove, Esq. (State Bar No ) STRUCTURE LAW GROUP, LLP 1754 Teclmology Drive, Suite 135 San Jose, California Telephone: (408) Facsimile: (408) Attorneys for Plaintiff ELECTRIC MOVEMENT, INC B R SUPERIOR COURT OF THE STATE OF CALIFORNIA C01JNTY OF SANTA CLARA 1. 6 C lj ELECTRIC MOVEMENT, rnc., a California corporation, CASE NO. FOR: Plaintiff, v. GOOGLE INC., a Delaware corporation, and DOES 1 through 100, inclusive, 1. BREACH OF CONTRACT; 2. QUANTUM MERUIT; 3. OPEN BOOK ACCOUNT; 4. CONVERSION; and Defendants. 5. UNLAWFUL EVICTION (Jhli lllt '0\ Plain tiff Electric Movement, Inc. alleges as follows: THE PARTIES 1. Electric Movement, Inc. ("Plaintiff') is a California corporation with its principal place of business located in Santa Clara County, California. 2. On info1mation and belief, Defendant Google lnc. ("Google") is a Delaware corporation qualified to do business in California, with its principal place of business in Califotnia located at 1600 Amphitheatre Parkway, Mountain View, in Santa Clara County, California. 3. The true names and capacities, whether individual, corporate, associate or otherwise of Defendants named herein as Does 1 through 100, inclusive, are unknown to Plaintiff, who therefore sues said Defendants by such fictitious names. Plaintiff is informed and believes, and thereon alleges, that each of the fictitiously named Defendants proximately caused damages - 1 -

2 to Plaintiff as alleged herein and/or is responsible for the acts complained ofherein. Plaintiffwill 2 seek leave of Court to amend this Complaint when the true identities of such Doe Defendants 3 have been ascertained. 4 WNOO Venue is proper in this County because the contract that is the subject of this action contains a governing law selection clause (Section 12.18) providing that claims arising out of the contract will be litigated exclusively in the Federal or State Court of Santa Clara County. Purther, the contract was entered into and performed in this County. GENERAL ALLEGATIONS 5. Begirming in or around August 2014, Google requested that Plaintiff provide robotics development for Google food services. Tlus project was and is here[nafter referred to as "Project Lunchbox." Commencing in or around August 2015, Google granted permission for Plaintiff to possess premises owned by Coogle and located at 950 Lindo Vista Avenue in Mountain View, California ("Premises"), so that Plaintiff could u:>e the Premises tu work on Project Lunchbox. 6. In December of 2015 and after approximately a year of Plaintiff working on Project Lunchbox, Google presented Plaintiff with a written Inbound Services Agreement ("ISA") to govern the contractual relationship between the parties. Plaintiff signed and n::turned the ISA, in the fmm presented by Google, on or about December 16,2015. Google did not return a counter-signed version of the ISA to Plaintiff. A true and correct copy of the ISA is attached hereto as Exhibit A. 7. Plaintiff performed services as requested by Google and invoiced Go ogle accordingly. Google made payments to Plaintiff on numerous invoices. 8. On or about July 11, 2016, Google provided Plaintiff with an End of Services Notice triggering a tennination of the TSA in accordance with Section 11. Per the End of Services Notice, Plaintiff stopped work on Project Lunchbox and thereafter invoiced Google for services performed through the tern1ination date. - 2-

3 9. Google has failed and refused to pay Plaintiff on Plaintiffs invoices dated July 1, and after despite Plaintiff's demands. The principal sum of $398, remains due and 3 owing from Google to Plaintiff, exclusive of interest. TlUe and correct copies of these invoices 4 are attached as Exhibit B Separate and aprut from the invoices on Project Lunchbox, Plaintiff further 6 provided Google with vehicle maintenance services and invoiced Google accordingly. Google 7 has failed and refused to pay invoices totaling $11, despite Plaintiffs demands. True and 8 correct copies of these invoices are attached as Exhibit C Google has never disputed any of Plaintiffs invoices. Google has never provided 1 o Plaintiff with any notice of a good faith dispute concerning invoices per Section 3.1 (B) of the 11 ISA Moreover, upon receipt of Google's July 11, 2016 End of Services notice, Plaintiff 13 and Google agreed that Plaintiff would be pe1mitted until August 12, 2016 to vacate the Premises. 14 Nevertheless, on or about July 27, 2016 and without any notice, Google raided the Premises and 15 confiscated Plaintiff's equipment. Despite demand therefor, Google has not retumed some of 16 Plaintiffs equipment that it seized and has not provided any explanation for its unlawful retention 17 of same. The seized equipment includes Plaintiffs wholly-owned prototype equipment which 18 was conceived of and developed by Plaintiff umelated to Plaintiff's performance of services for 19 Google. 20 FIRST CAUSE OF ACTION 21 (BREACH OF CONTRACT) Plaintiff realleges and incorporates herein by reference all preceding paragraphs 23 inclusive of this Complaint as though fully set fmth herein Beginning in or around August 2014, Plaintiff and Google entered into a contract. 25 Shortly after the contract's terms were verbally agreed upon, Plaintiff began work for Google 26 under the contract. In or around December 2015, the contract's terms were reduced to writing in 27 th~ form of the IS A

4 - 15 Plaintiff performed all of its obligations under the contract, which involved 2 Plaintiffs work on Project Lunchbox Google breached the contract by refusing to pay Plaintiff for Plaintiff's work under 4 the contract. Plaintiff has invoiced Google, see Exhibits B and C, and has repeatedly requested 5 payment, but Google has failed and refused to pay Plaintiff As a direct and proximate result of Google's breach, Plaintiff has been harmed in 7 the principal amom1t of at least $410, exclusive of interest. 8 Wherefore, Plaintiff prays for relief as set forth below. 9 SECOND CAUSE OF ACTION 10 (QUANTUM MERUIT) Plaintiti rcalleges and incorporates herein by reference all preceding paragraphs 12 inclusive, of this Complaint as though fully set forlh herein In or around August 2014, Google requested that Plaintiff perform services for 14 Google's benefit Plaintiff perrmmed the services as requested to Go ogle's benefit. Although Google paid Plaintiff for services provided in 2014 and 2015, Cloogle 17 has not paid Plaintiff for certain services provided in $410, The reasonable value of the services that were provided and not paid for is at least Wherefore, Plaintiff prays for relief as set forth below. THIRD CAUSE OF ACTION (OPEN BOOK ACCOUNT) Plaintiff realleges and incorporates herein by reference all preceding paragraphs 24 inclusive, of this Complaint as though 1ully set forth herein Plaintiff and Google had financial transactions related to work that Plaintiff 26 performed for Google and for which Google was supposed to pay Plaintiff Plaintiff kept an account of the debits and credits involved in the transactions. Google owes Plaintiff money on the account in the amount of$410,

5 Wherefore, Plaintiff prays for relief as set for below FOURTH CAUSE OF ACTION (CONVERSION) Plaintiff realleges and incorporates herein by reference all preceding paragraphs 5 inclusive, of this Complaint as though fully set forth herein Plaintiff possessed certain equipment which it kept at the Premises with Google's knowledge and pe1mission Google intentionally and substantially interfered with Plaintiffs prope1ty by 9 10 raiding the Premises on or about July 27, 2016 without any notice and confiscating Plaintiffs equipment Since then, Google has prevented Plaintiff from having access to equipment and 12 has refused to return Plainti±l's equipment after Plaintiti demanded its return Plaintiff did not consent to Google's raiding of the Premises and confiscation of 14 Plaintiffs pe1mission, nor has it consented to Google's refusal to allow Plaintiff access to 15 Plaintiff's equipment or refusal to return Plaintiffs equipment Plaintiff has been harmed by Googlc's improper raiding of the Premises and 17 confiscation ofplaintiffs equipment. Plaintiffs damages include but are not limited to the value 18 of the equipment converted and also the damages resulting from not having access to Plaintiffs 19 prototype equipment. 20 Wherefore, Plaintiff prays for relief as set for below. 21 FIFTH CAUSE OF ACTION 22 (UNLAWFUL EVICTION) Plaintiff reallcgcs and incorporates herein by reference all preceding paragraphs 24 inclusive, ofth.is Complaint as though fully set forth herein Plaintiff was rightfully and peacefully in possession of the Premises heginning in 26 or around August 2015 to when Google wrongfully evicted Plaintiff on or around July 27, Google granted Plaintiff permission to possess the Premises in or around August 2015 so that Plaintiff could work on Project Lunchbox

6 35. On or around July 11, 2016, Plaintiff and Googie agreed that Plaintiff would be 2 permitted until August 12, 2016 to vacate the Premises Neve1iheless, on or mound July 27, 2016-over 2 weeks before the agreed-upon 4 vacating date of August 12, Google raided the Premises and confiscated Plaintiffs 5 equipment. Thereafter, Google re:filsed to allow Plaintiff access to the Premises or to Plaintiff's 6 equipment after Plaintiff requested it several times As a result of Google' s unlawful eviction of Plaintiff, Plaintiff has been harmed in 8 the fonn of lost income, loss of employees, and rcputational damage. 9 Wherefore, Plaintiff prays for relief as follows: 10 PRAYER lg For monetary damages according to proof at trial; For punitive damages according to proof at trial; For a court order requiring Google to return Plaintiffs equipment to Plaintiff. For attorneys' fees to the extent permitted by law; For costs and expenses of suit incuned herein; and For such other and fmiher relief as the court tnay deem just and proper Date: November 22, 2016 STRUCTURE V~ GROUl?/,,tLP // / / f/ // /?, /'>/1'----;-~'" ~----'7 ~ ir, ~ f1 / _ I _./.-" /, By:., e,_,_...- Mar~R. F~~\1 tredo,.esq. Attorneys/ (P Plaintiff ELECTR1, MOVEMENT, lnc

7 NOTICE TO DEFENDANT: (AVISO AL DEMANDADO); SUMMONS (CITAC/ON JUDICIAL) BY FAX GOOGLE INC., a Delaware corporation, and DOES 1 through 100 inclusive ' YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): ELECTRJC MOVEMENT, INC., a California corporation UKluiNAL FOR OUR t ~se JNI!V :...J (SOLO PARA USO DE LA CORTE) 0\6 i io 22 P 1: 45 NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information below. You have 30 CALENDAR DAYS after this summons and legal papers are served on you to fife a written response at this court and have a copy served on the plaintiff. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear your case. There may be a court form that you can use for your response. You can find these court forms and more information at the California Courts Online Self-Help Center ( your county law library. or the courthouse nearest you. If you cannot pay the filing fee, ask the court clerk for a fee waiver form. If you do not file your response on time, you may lose the case by default. and your wages, money, and property may be taken without further warning from the court. There are other legal requirements. You may want to call an attorney right away. If you do not Know an attorney, you may want to call an attorney referral service. If you cannot afford an attorney. you may be eligible for free legal services from a nonprofit legal services program. You can locate these nonprofit groups at the California Legal Services Web site ( the California courts Online Self-Help Center ( or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and costs on any settlement or arbitration award of $10,000 or more in a civil case. The court's lien must be paid before the court will dismiss the case. JAVISOI Lo han demandado. Sino responde dentro de 30 d/as. Ia corte puede decidir en su contra sin escuchar su version. Lea Ia Informacion a continuacion. Tlene 30 DiAS DE CALENDAR/0 despues de que /e entreguen esta cltac/on y papeles legales para presentar una respuesta por escrito en esta corte y hacer que se entregue una copia a! demandante. Una carta o una flamada telef6nica no lo protegen. Su respuesta por escrito tiene que estar en Formato legal correcto si desea que procasen su caso en Ia corte. Es poslble que haya un formu/ario que usted pueda usar para su respuesta. Puede encontrar estos formularios de Ia corte y mas Informacion en e/ Centro de Ayuda de las Cortes de Cal/fom/a ( en Ia biblioteca de /eyes de su condado o en Ia corte que Ia quede mas cerca. Sino puede pagar Ia cuota de presentaclon. plda a/ secretario de Ia corte que Ia de un formulario de exenci6n de pago de cuotas. Sino presenta su respuesta a liempo, puede perder e! caso por incumplimlento y Ia corte le podra qultar su sue/do, dinero y bienes sin mas advertencla. Hay otros requisitos legales. Es recomendable que flame a un abogado inmediatamente. Sino conoce a un abogado, puede flamer a un servicio de remisi6n a abogados. Sino puede pagar a un abogado, es posib/e que cumpla con los requisitos para obtener servicios legales gratuitos_ de un program a de servicios legales sin fines de lucro. Puede encontrar estos grupos sin fines de tucro en el s1110 web de Cal1forma Legal Serv1ces, ( en el Centro de Ayuda de las Cortes de California, ( o ponlandose_ en contacto con Ia corte o e/ co/agio de abogados locales. AVISO: Por ley, Ia corte Iiane derecho a reclamar /as cuotas y los costas e~en~os por 1mponer un gravam~~ so~re cua/qu/er recuperaci6n de $10,000 6 mas de valor recib/da mediante un acuerdo o una conces/6n de arbllrajb an un caso de derec!jo CIVIl. T1ene que pagar el gravamen de Ia corte antes de que Ia corte pueda desechar el caso. (For proof of service of this summons, use Proof of Servi.ce of Summon~ (form POS-01 0).) (Para prueba de entrega de esta citati6n use e/ formulano Proof of Servrce of Summons, (POS-01 0)). NOTICE TO THE PERSON SERVED; You are served!seal! 1. D as an individual defendant as the person sued under the fictitious name of (specify): 3. D on behalf of (specify): Form Adopted for Mandatory Use Judicial Cound l of C.:.llfofnl o. ::IUM (R~v. July 1, ;m 0 9 J under: CJ CCP (corporation) CJ CCP (defunct corporation) CCP (association or partnership) D 0 other (specify): 4. CJ by personal delivery on (date) : SUMMONS CJ CCP (minor) CCP (conservatee) D D CCP (authorized person) Pa e1 or1 Code ol Civil Procedure WIVIV.COUrtlnfO.CB.goV

8 >< < u.. > Dl ATTORNEY O'fljARTY WITHOUT ATTORNEY Mark R. igueiredo, Esq. ( SBr,n7U~~l)~aEnumbe r. ~nd~ddress): Structure Law Group, LLP, Jthan G. Solove, Esq. (State Bar No. 30g026) 1754 Technology Dr Ste 135 San Jose, CA 9Sll 0 TELEPHONE NO.: ATTORNEY FOR!Name): Plaintiff ELECTRIC MOVEME~f -hl~ 7501 SUPERIOR COURT OF CALIFORNIA, COUNTY OF S t Cl, STREET ADDREss: 191 North First Strc:rn a ara MAILING ADDRESS: CITY ANDzlrco De: San Jose, CA BRANCH NAME: CASE NAME: Electric Movement, Inc. v. Goo Je Inc. CIVIL CASE COVER SHEET L.L.I 7' Unlimited D Limited Complex Case Designation (Amount (Amount D Counter 0 Joinder ORiGINAL CASE NUMBER: demanded demanded is Filed with first appearance by defendant JUDGE: exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) DEPT Other PIIPD/WD (Personal Injury/Property D Other colleclions (00) Da~=s~:;~~~~eath) Tort 0 Insurance coverage (18) Product liability (24) 0111er conlract (37) ReaiProperty D Medical malpraclice (45) 0 Eminent domain/inverse D Other PIIPDIWO (23) condemnation (14) Non-PI/PD/WD (Other) Tort D Wrongful eviction (33) D Business tortlunfair business practice (07) D Other real property (26) D Civil rights (08) Unlawful Detainer Defamation (13) 0 Commercial (31) D Fraud (16) D Residential (32) D Intellectual property ('19) 0 Drugs (38) D Professional negligence (25) Judicial Review D Other non-rllrojwd tort (35) D Asset forfeiture (05) Employment D Petllion re: arbitration award (11) D Wrongful termination (36) D Writ of mandate (02) 0 Other employment (15) 0 Other judicial review 39 CM NO~ 22 P \: 45 Items 1-6 below must ~e completed (see instructions on page 2). 1. Check one box below for the case type that best describes this case: ~ Auto Tort Contract Provisionally Complex Civil Litigation D Au~o (22) CZJ Breach of contract/warranty (06) (Cal. Rules of Court, rules ) D Uninsured motorist (46) 0 Rule collections (09) D AnlitrusVTrade regulation (03) o Construction defect (1 0) Mass tort (40) D Securities litigation () 0 Environmental/Toxic tort (30) U Insurance coverage claims arising from the above listed provisionally complex case types(41) Enforcement of Judgment 0 Enforcement of judgment (20) Miscellaneous Civil Complaint D RIC0 (27) D Other complaint (not specified above) (42) Miscellaneous Civil Petition D Partnership and corporate governance (21) D Other petition (not specified above) (43) 2. This case is is not complex under rule of the California Rules of Court. If the case is complex, mark the factors requiring exceptional judicial management: a. D Large number of separately represented parties d. D Large number of witnesses b. D Extensive motion practice raising difficult or novel e. 0 Coordination with related actions pending in one or more courts issues that will be time-consuming to resolve in other counties, states, or countries, or in a federal court c. D Substantial amount of documentary evidence f. D Substantial postjudgment judicial supervision 3. Remedies sought (check all that apply): a.[z] monetary b. [l] nonmonetary; declaratory or injunctive relief c. [2] punitive 4. Number of causes of action (specify): 5 /1 / / 5. This case Dis m is not a class action suit. "l /'// 6. If there are any known related cases, file and serve a notice of related case. (~9};, '?a~ usj}orm_::tfj-(5.) d Date: Nov~mb~r 22,2016 / a~.-!{'-- I '/' Mark R. Ftguetredo, Esq. L.,...L,.~~=-;;;tl~~~~::n:r;=V"CrV~""";;----- (TYPE o R PRIN r NAME) NOTICE Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (exce mall claims cases or cases filed under the Probate Code. Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule ) Failure to file may result in sanctions. File this cover sheet in addition to any cover sheet required by local court rule. If this case Is complex under rule et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all other parties to the action or proceeding. Unless this is a collections case under rule or a complex case, this cover sheet will be used for statistical purposes on~~ or 1 2 Fo~~df~~p~eo~~~~~f ~~~~~~';l; ;~ s e CIVIL CASE COVER SHEET CaL Rules of Court, rules , 3A , 3.740; CM-Ol O [Rev. July 1, Col. Standards of JudiCial Ad:~~~.~~~~7~~~~a~g~~