P. ex rel. Harris v. Pac Anchor Transportation, Inc.

Filed 7/28/14 Reposted to correct counsel listing; no change to opinion text

IN THE SUPREME COURT OF CALIFORNIA

THE PEOPLE ex rel. KAMALA D. ) HARRIS, as Attorney General, etc., ) ) Plaintiff and Appellant, ) ) S194388 v. ) ) Ct.App. 2/5 B220966

PAC ANCHOR TRANSPORTATION, )

INC., et al., ) Los Angeles County ) Super. Ct. No. BC397600 Defendants and Respondents. ) ____________________________________

The narrow question presented is whether an action under the unfair competition law (Bus. & Prof. Code, § 17200 et seq. (UCL)) that is based on a trucking company’s alleged violation of state labor and insurance laws is “related to a price, route or service” (49 U.S.C. § 14501 (c)(1)) of the company and, therefore, preempted by the Federal Aviation Administration Authorization Act of 1994 (Pub.L. No. 103-305 (Aug. 23, 1994) 108 Stat. 1569) (FAAAA). The FAAAA provides that a state “may not enact or enforce a law, regulation, or other provision having the force…