Ellenburg

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KRISTIN ELLENBURG, No. 2:18-cv-02179-KJM-CKD Plaintiff, v. ORDER PODS ENTERPRISES, LLC, Defendant. 16 Defendant POD Enterprises, LLC moves for partial summary judgment, raising a narrow question of statutory construction. See Mot. Summary Judgment (“MSJ”), ECF No. 11-1. Generally, under the Federal Aviation Administration Authorization Act (“FAAAA”), federal law preempts any state law “having the force and effect of law related to a price, route, or service of any motor carrier . . . or any motor carrier, broker, or freight forwarder with respect to transportation of property.” 49 U.S.C. § 14501(c)(1). However, as pertinent here, this preemptive effect “does not apply to the intrastate transportation of household goods.” Id. § 14501(c)(2)(B). Defendant takes the position the preemptive force of the FAAAA applies to certain components of plaintiff Kristin Ellenburg’s complaint based in California law. See 26 …