Publication Order for B241727 ( 2015 )

Filed 7/29/15
Court of Appeal, Second Appellate District, Division Four - No. B241727
S214150
IN THE SUPREME COURT OF CALIFORNIA
En Banc
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SALVADOR RODRIGUEZ, Plaintiff and Respondent,
v.
RWA TRUCKING COMPANY, INC., Defendant and Appellant.
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Defendant RWA Trucking, Inc., and the California Trucking Association‟s request
for republication of the Court of Appeal‟s opinion, originally published at 219
Cal.App.4th 692, is granted. The opinion is ordered republished with the following
amendment to original footnote 6 at page 723 (additions underlined and deletions stricken
through):
Division Five of this appellate district rejected Fitz-Gerald’s analysis in part in
People ex rel. Harris v. Pac Anchor Transportation, Inc. (May 18, 2011, B220966) 195
Cal.App.4th 765, review granted August 10, 2011, S194388.
Pac Anchor is currently under review by the California Supreme Court, where the
question presented is as follows: “Is an action under the Unfair Competition Law (Bus.
& Prof. Code, § 17200 et seq.) that is based on a trucking company‟s alleged violation of
state labor and insurance laws „related to the price, route, or service‟ of the company and,
therefore, preempted by the Federal Aviation Administration Authorization Act of 1994
(49 U.S.C. § 14501)?”
[Reporter‟s Note: See People ex rel. Harris v. Pac Anchor Transportation, Inc.
(2014) 59 Cal.4th 772.]
______________________________
Chief Justice