James Cole, on behalf of himself and all others similarly situated v. CRST VAN EXPEDITED, INC., an Iowa Corporation, FKA CRST, Inc.

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JAMES COLE, on behalf of himself and
all others similarly situated,
Plaintiff - Appellant,
v.
CRST VAN EXPEDITED, INC., an Iowa
Corporation, FKA CRST, Inc.,
Defendant - Appellee.
No. 13-55507
D.C. No. 5:08-cv-01570-VAP-OP
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Virginia A. Phillips, District Judge, Presiding
Submitted April 9, 2015 **
Pasadena California
Before: SILVERMAN and BEA, Circuit Judges, and QUIST, Senior District
Judge.***
FILED
APR 14 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
*** The Honorable Gordon J. Quist, Senior District Judge for the U.S.
District Court for the Western District of Michigan, sitting by designation.

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Plaintiff James Cole appeals the district court’s grant of judgment on the
pleadings, dismissing Cole’s class action claim against Defendant CRST Van
Expedited, Inc. alleging violations of California’s meal and rest break laws, Cal.
Lab. Code §§ 226.7, 512, and Cal. Code Regs. tit. 8, § 11090. We have
jurisdiction pursuant to 28 U.S.C. § 1291, and we reverse.
On appeal, Cole argues that the district court erred in dismissing his meal
and rest break claim on the basis that the Federal Aviation Administration
Authorization Act of 1994 preempts California’s meal and rest break laws. We
review de novo the interpretation and construction of the FAAAA, Tillison v.
Gregoire, 424 F.3d 1093, 1098 (9th Cir. 2005), and a district court’s grant of
judgment on the pleadings, Harris v. County of Orange, 682 F.3d 1126, 1131 (9th
Cir. 2012).
We recently held in Dilts v. Penske Logistics, LLC, 769 F.3d 637, 647-50
(9th Cir. 2014), that California’s meal and rest break laws are not “related to”
prices, routes or services and therefore are not preempted by the FAAAA. In light
of our holding in Dilts, the district court erred by granting CSRT’s motion for
judgment on the pleadings on the basis of FAAAA preemption. Accordingly, we
reverse and remand for further proceedings consistent with Dilts.
REVERSED and REMANDED.

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