IN the UNITED STATES DISTRICT COURT for the DISTRICT of DELAWARE ARA AFARIAN, Derivatively on Behalf of TRUECAR, INC., Plaintif
Case 1:99-mc-09999 Document 535 Filed 04/01/19 Page 1 of 88 PageID #: 54851 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ARA AFARIAN, derivatively on behalf of Case No: TRUECAR, INC., VERIFIED STOCKHOLDER Plaintiff, DERIVATIVE COMPLAINT v. DEMAND FOR JURY TRIAL Victor “Chip” Perry, Michael Guthrie, John Pierantoni, Abhishek Agrawal, Robert Buce, Christopher Claus, Steven Dietz, John Krafcik, Erin Lantz, John Mendel, Wesley Nichols, Ion Yadigaroglu, The United States Automobile Association Defendants -and- TRUECAR, INC., a Delaware corporation, Nominal Defendant. Case 1:99-mc-09999 Document 535 Filed 04/01/19 Page 2 of 88 PageID #: 54852 By and through his undersigned counsel, Plaintiff Ara Afarian (“Plaintiff”), brings this stockholder derivative action on behalf of Nominal Defendant TrueCar, Inc. (“TrueCar” or the “Company”) against certain current and/or former officers and directors of the Company for breaches of fiduciary duties, insider selling and misappropriation of information, unjust enrichment, and corporate waste, and other violations of law, from at least February 16, 2017 through the present (the “Relevant Period”). In addition, Plaintiff, derivatively on behalf of the Company, seeks contribution or indemnity from the Individual Defendants for their acts of corporate misconduct, which have exposed the Company to civil liability under the federal securities laws. Plaintiff makes these allegations upon personal knowledge as to those allegations concerning himself and, as to all other matters, upon the investigation of counsel, which includes, without limitation: (a) review and analysis of public filings made by TrueCar and other related parties and non-parties with the U.S.
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