GARCIA v. SUPERIOR COURT

No. B315701.

80 Cal.App.5th 63 (2022)

PAUL GARCIA et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; HARALAMBOS BEVERAGE CO., Real Party in Interest.

Court of Appeals of California, Second District, Division Five.

June 21, 2022.


Attorney(s) appearing for the Case

Mara Law Firm, David Mara , Matthew Crawford ; Cohelan Khoury & Singer and Jeff Geraci for Petitioners.

No appearance for Respondent.

Gordon Rees Scully Mansukhani, James Robinson , Jeffrey A. Swedo , Travis K. Jang-Busby , R. Scott Sokol , Matthew G. Kleiner and Andrea K. Williams for Real Party in Interest.

Ogletree, Deakins, Nash, Smoak & Stewart, Robert R. Roginson and Alexander M. Chemers for American Trucking Associations, Inc., and California Trucking Association as Amici Curiae.

Goldstein Borgen Dardarian & Ho and Raymond Wendell for California Employment Lawyers Association as Amicus Curiae.

Workman Law Firm and Robin G. Workman for Consumer Attorneys of California as Amicus Curiae.


OPINION

I. INTRODUCTION

In a December 28, 2018, order, the Federal Motor Carrier Safety Administration (FMCSA) concluded that California's meal and rest break rules were preempted under the Motor Carrier Safety Act of 1984 (49 U.S.C. § 31101 et seq.; the Act). Petitioners contend that this decision does not...

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