Rodriquez

Rodriquez v. RWA Trucking Co.

Good Law
190 Cal. Rptr. 3d 663·2013 Cal. App. LEXIS 1097·238 Cal. App. 4th 1375·80 Cal. Comp. Cases 783
Court of Appeal of CaliforniaSeptember 12, 2013B241727California15,262 words

Opinion

Opinion

Suzukawa, J.

Defendant RWA Trucking Company, Inc. (RWA), appeals from the trial court’s judgment that it violated the unfair competition law, Business and Professions Code section 17200 (UCL or section 17200), by charging its drivers for automobile liability insurance, physical damage insurance, cargo insurance, and workers’ compensation insurance from 1993 to 2011. RWA contends that the UCL causes of action and the state laws on which they are based are preempted by federal law. We affirm in part, reverse in part, and remand the matter to the trial court.

FACTUAL AND PROCEDURAL BACKGROUND

I. The Parties and the Dispute

RWA is an interstate trucking company registered as a “for-hire interstate motor carrier” with the Federal Motor Carrier Safety Administration (FMCSA). At all relevant times, RWA conducted its trucking business from facilities in Long Beach, California, transporting containers and other cargo from the ports of Los Angeles and Long Beach.

RWA contracted with plaintiff Salvador Rodriguez and other drivers who owned their own tractors (drivers) under written lease agreements (Agreements). Under the Agreements, RWA leased the tractors from the drivers and dispatched…

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