Casarez v. Irigoyen Farms

CourtCalifornia Court of Appeal
DecidedSeptember 30, 2025
DocketF086901
StatusPublished

This text of Casarez v. Irigoyen Farms (Casarez v. Irigoyen Farms) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Casarez v. Irigoyen Farms, (Cal. Ct. App. 2025).

Opinion

Filed 9/10/25; certified for publication 9/30/25 (order attached)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

CHRISTINA CASAREZ, F086901 Plaintiff and Appellant, (Super. Ct. No. 19CECG03758) v.

IRIGOYEN FARMS, INC. et al., OPINION Defendants and Respondents.

APPEAL from a judgment of the Superior Court of Fresno County. Jonathan M. Skiles, Judge. Law Office of Kevin G. Little and Kevin Gerard Little for Plaintiff and Appellant. Hugo Parker, Edward R. Hugo, Bina Ghanaat, and Alex G. Taheri for Defendant and Respondent Irigoyen Farms, Inc. Frost Brown Todd, Kevin C. Schiferl, Stephanie V. McGowan; Murchison & Cumming, Kasey C. Townsend and Gina E. Och for Defendant and Respondent Walmart Inc. -ooOoo- Plaintiff Christina Casarez appeals from September 11, 2023 judgments of the Fresno County Superior Court entered after orders granting summary judgment in favor of defendants Irigoyen Farms, Inc. (Irigoyen Farms) and Walmart Inc. (Walmart). The superior court concluded Casarez’s negligence claims were preempted by the Federal Aviation Administration Authorization Act of 1994 (Pub.L. No. 103-305 (Aug. 23, 1994) 108 Stat. 1569) (FAAAA). We agree and affirm the judgments. FACTUAL AND PROCEDURAL HISTORY I. Undisputed facts1 a. Accident On the evening of September 27, 2019, Olivia Mendoza was driving westbound on Mountain View Avenue when a tractor trailer heading northbound on Clovis Avenue ran a stop sign and collided with her vehicle. Olivia2 was pronounced dead at the scene. Before the accident, Andre Hill—the driver of the tractor trailer—picked up a load of produce from Irigoyen Farms for delivery to Walmart’s distribution center in McCarran, Nevada. His “extreme fatigue” was deemed by law enforcement to have been a factor in the crash. Hill was subsequently charged with vehicular manslaughter. b. Additional background Irigoyen Farms, a family farm based in Selma, produces over 30 varieties of fresh vegetables and supplies fresh produce to its customers. One such purchaser is Walmart.

1 This part is based on the separate statements in the record. (See Code Civ. Proc., § 437c, subd. (b)(1), (3); see also North Coast Business Park v. Nielsen Construction Co. (1993) 17 Cal.App.4th 22, 30–31 [“ ‘[A]ll material facts must be set forth in the separate statement. “This is the Golden Rule of Summary Adjudication: if it is not set forth in the separate statement, it does not exist.” ’ ”].) We also consider as part of the record evidence to which objections were made but overruled. (See Code Civ. Proc., § 437c, subd. (c).) 2 To avoid confusion, we identify individuals who share the same surname by their first names. No disrespect is intended.

2. Irigoyen Farms typically contracts with a freight broker to ship its produce. Prior to the aforementioned accident: (1) Irigoyen Farms contracted with Royal Violet Logistics, LLC (Royal Violet) to “arrange for the delivery of the subject load”; (2) Royal Violet contracted with SIO Logistics LLC (SIO) to “hire a motor carrier for the subject load”; (3) SIO contracted with Gold Coast Logistics Group (Gold Coast) “to act as the motor carrier of the subject load”; and (4) Gold Coast hired Hill as an independent contractor and provided him with the tractor trailer involved in the collision. II. Operative complaint Casarez—individually and on behalf of her daughter Olivia’s estate—filed a lawsuit against Irigoyen Farms and Walmart, among others.3 In her complaint, she raised three causes of action: (1) motor vehicle negligence; (2) general negligence; and (3) wrongful death. Casarez alleged Irigoyen Farms and/or Walmart owned or otherwise controlled the tractor trailer; employed and entrusted the tractor trailer to Hill; negligently failed to train and supervise Hill; and negligently failed to maintain and repair the tractor trailer. Later, in appellant’s opening brief, Casarez clarified she was suing Irigoyen Farms and Walmart “for their actions and their failures to comply with the industry standards applicable specifically to them, not vicariously for the acts of the motor carrier or broker, or for the broker’s negligent hiring of the motor carrier.” Specifically, she “sued Walmart because its onerous contractual requirements incentivized reckless conduct by motor carriers” and “sued Irigoyen Farms because, through its employees, it loaded its product

3 Casarez joined Jaime Mendoza—Olivia’s father—as a defendant under Code of Civil Procedure section 382. “A party who is joined in a wrongful death action as a defendant under [Code of Civil Procedure] section 382 is only nominally a defendant. In reality, he is a plaintiff [citations].” (Estate of Kuebler v. Superior Court (1978) 81 Cal.App.3d 500, 503–504.) Jaime filed a cross-complaint and opposed defendants’ summary judgment motions, which likely explains why the record sometimes refers to multiple plaintiffs. Jaime is not a party to this appeal.

3. on the truck driven by . . . Hill and sent him on his way despite actual, contemporaneous knowledge he had a long distance to travel, had to be there within just a few hours, yet was obviously already exhausted.” III. Summary judgment motions In May 2023, Irigoyen Farms and Walmart each filed a motion for summary judgment. Both argued—among other things—the FAAAA preempted Casarez’s claims. In her opposition to these motions, Casarez asserted the FAAAA did not apply because (1) “the FAAAA only preempts state laws that relate to motor carriers, brokers, and freight forwarders” and “neither Walmart nor Irigoyen Farms is a motor carrier or a transportation broker”; and (2) “the FAAAA does not preempt state law personal injury claims” that are subject to its “safety regulation exception.” In support of the latter, Casarez cited Miller v. C.H. Robinson Worldwide, Inc. (9th Cir. 2020) 976 F.3d 1016 (Miller). IV. Ruling Following an August 9, 2023 hearing, the superior court adopted its tentative ruling, which granted defendants’ motions for summary judgment. The ruling read in part:

“The [FAAAA] expressly preempts negligence claims against a broker and its hirer. [Citation.] [¶] It is undisputed that the products onboard the truck were being shipped from the grower (Irigoyen Farms . . .) to the retailer (Walmart . . .). [Citation.] It is also undisputed that such a shipment is typically arranged through a freight broker. [Citation.] Therefore, the burden shifts to plaintiffs to show that preemption does not apply. [Citation.]

“Plaintiffs rely on Miller[, supra,] 976 F.3d 1016 for the proposition that the FAAAA does not preempt state law personal injury claims under the safety regulation exception. [Citation.] Miller, however, is distinguishable because there the party asserting preemption was the broker that had specifically selected the transportation service. [Citation.] Here it is the grower and retailer. Furthermore, the entity [in Miller] in the analogous remote role of the moving parties here was dismissed from the

4. proceeding altogether. [Citation.] In addition, Miller’s application of the safety [regulation] exception has recently been rejected in a case with near- identical facts. [Citation.] Consequently, plaintiffs have failed to meet their burden to show their claim is not preempted under federal law as to moving defendants Walmart and Irigoyen [Farms].” DISCUSSION I. Overview of legal principles a. Summary judgment law “A party may move for summary judgment in an action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding.” (Code Civ. Proc.,4 § 437c, subd. (a)(1).) Summary judgment “provide[s] courts with a mechanism to cut through the parties’ pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfield Co.

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Bluebook (online)
Casarez v. Irigoyen Farms, Counsel Stack Legal Research, https://law.counselstack.com/opinion/casarez-v-irigoyen-farms-calctapp-2025.