Pietro Culotta Grapes Ltd. v. Southern Pacific Transportation Co.

MEMORANDUM AND ORDER

Defendants move for judgment on the pleadings on the grounds that plaintiffs’ state law causes of action are preempted by the Carmack Amendment to the Interstate Commerce Act. For the reasons that follow, the motion is granted.

BACKGROUND

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The following facts are undisputed by the parties. Defendants Southern Pacific Transportation Company, Southern Pacific Rail Corporation and San Joaquin Valley Railroad (collectively referred to as “defendants”) are in the business of transporting freight by railroad. Plaintiffs Pietro Culotta Grapes Ltd. and P. Culotta & Co. [Ontario] Limited (collectively referred to as “plaintiffs”) are Canadian companies that sell wine grapes and other products to customers in Canada.

The instant action arises out of an agreement between the parties for shipment by rail of 48 rail cars of wine grapes and grape juice from the Fresno, California area to Toronto, Canada in the fall of 1993. Specifically, plaintiffs contracted with defendants for the shipment and delivery on various dates in September and October 1993 of the 48 rail cars of wine grapes and grape juice. These deliveries were to be made in time for the 1993 produce…