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Christina Casarez v. Irigoyen Farms, Inc., et al.

Paid petition · Court of Appeal of California, Fifth Appellate District, No. F086901 · judgment September 10, 2025


1%
estimated cert probability
(petition-stage, structural)

Well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Whether the judgment below should be vacated in light of Montgomery v. Caribe Transport II, LLC, 608 U. S. ___ (2026), where the California courts held that the FAAAA’s safety exception does not apply unless the claim alleges the tractor-trailer itself was defective or otherwise unsafe, and that Miller v. C. H. Robinson Worldwide, Inc. was wrongly decided, while Montgomery unanimously held that common-law duties are part of a State’s safety regulatory authority and that a claim is “with respect to motor vehicles” if it concerns the vehicles used in transportation.

  2. Whether 49 U. S. C. § 14501(c)(1) may be invoked by nonenumerated defendants such as shippers and receivers to preempt state wrongful-death and negligence claims arising from a fatal truck crash, even though the statute expressly names only motor carriers, motor private carriers, brokers, and freight forwarders.

  3. Whether the appropriate disposition is at minimum a grant, vacate, and remand order, and whether summary reversal is warranted, where the state trial court and the published state appellate decision rest on reasoning that Montgomery has now squarely rejected.

Counsel of record

For petitioner
Kevin G. Little

For respondent
Edward R. Hugo
Hugo Parker, LLP

Case

Conference history

Linked docket
25A1102

Proceedings

  1. Aug 31 2026
    Reply of petitioner Christina Casarez filed.
  2. Aug 27 2026
    Waiver of right of respondent Walmart Inc. to respond filed.
  3. Aug 26 2026
    Brief of respondent Irigoyen Farms, Inc. filed.
  4. Jul 10 2026
    Motion to extend the time to file a response is granted and the time is extended to and including August 26, 2026, for all respondents.
  5. Jul 09 2026
    Motion to extend the time to file a response from July 27, 2026 to August 26, 2026, submitted to The Clerk.
  6. Jun 12 2026
    Petition for a writ of certiorari filed. (Response due July 27, 2026)
  7. Apr 07 2026
    Application (25A1102) granted by Justice Kagan extending the time to file until June 13, 2026.
  8. Mar 31 2026
    Application (25A1102) to extend the time to file a petition for a writ of certiorari from April 14, 2026 to June 13, 2026, submitted to Justice Kagan.