Western States Trucking Association v. Xavier Becerra

I. INTRODUCTION & BACKGROUND

The Court determines that decision upon this motion is appropriate without hearing. See Fed. R. Civ. Proc. 78; C.D. Cal. L-R. 7-15. Accordingly, the hearing date of March 9, 2020, is hereby vacated, and the matter is hereby taken under submission. Plaintiff Western States Trucking Association (“WSTA”), a nonprofit trade association of companies and motor carriers that provide trucking services, filed this action against California Attorney General Xavier Becerra (“California” or “the State”) on December 19, 2019 to challenge the constitutionality and prevent the enforcement of California Labor Code §§ □□□□□□□□□□□□□□□□□□□□□ 2750.3(H(8)(A)Gv), and 2750.3(£)(8)(B) (collectively “the Labor Code Subdivisions”), which were enacted pursuant to California Assembly Bill 5 (2019) (“AB 5”) and became law on January 1, 2020. See ECF No. 1 (“Compl.”). The complaint alleges that the Labor Code Subdivisions directly impact the prices, routes, and services of the motor carrier members of WSTA and are therefore preempted by the Federal Aviation Administration Authorization Act of 1994 (“FAAAA”). Id. at 2. On February…