Kalanick leveled the charge late Monday in a response to a lawsuit filed earlier this month in Delaware Chancery Court by venture capital firm Benchmark Capital, according to a copy of the lawsuit published by Axios.
Benchmark sued Kalanick for fraud last week, alleging that he had gamed the balance of Uber's board in order to lay the groundwork for his return to the company.
In court documents, Kalanick says that Benchmark's demands are subject to mandatory arbitration, meaning the DE court has no jurisdiction to settle the issue.
The Benchmark of lawsuit marks an uncommon example of a well-regarded Silicon Valley investor, who sued the central figure at one of its own. It adds that Benchmark took advantage of him while mourning the death of his mother from a boating accident, and that Benchmark's lawsuit came "at the most shameful of times, immediately after Kalanick experienced a disgusting personal tragedy".
It also said Spencer Meyer, the passenger named in the proposed class action, had agreed as a matter of law to arbitrate his own claims with Uber.
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Benchmark requested a preliminary injunction against Kalanick, which would prevent him from participating in any board decisions or meetings.
At issue is a change to the board structure in 2016 that expanded the number of voting directors by three, with Kalanick having the sole right to fill those seats. And it said Benchmark's allegations of fraud were "threadbare".
When asked for comment, a Benchmark spokesperson referred to a statement about the original filing: "Resorting to litigation was an extremely hard step for Benchmark".
On June 20, a week after expressing support for Kalanick as CEO, and a week and a half after his mother's funeral, Benchmark investors appeared at Kalanick's Chicago hotel room with a demand that he resign, according to the filing. "Failing to act now would mean endorsing behavior that is utterly unacceptable in any company, let alone a company of Uber's size and importance".
Uber investor Shervin Pishevar of Sherpa Capital, joined by other shareholders, sent letters to Benchmark calling for the firm to divest its shares and step down from the board. The company remains without a CEO, though a search is ongoing.
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