On Feb. 28, 2012, plaintiff Elena Sainz, a 55-year-old disabled woman, hired 1 Mover Depot Inc., the California agent of Delta Relocation Group Inc., for her move from Oxnard to Phoenix, Ariz. She claimed that she was given an estimate of $1,527.68 for the move and that she told the movers that if her belongings called for more than the estimate, to not load them onto the truck. However, Sainz claimed the movers put all of her belongings on the truck and gave her a bill for $4,498. She then called her credit card company, which allegedly told her to tell the movers to remove her belongings from the truck, but the movers would not do this. As a result, on March 1, 2012, Sainz and another moving company she hired from Phoenix trailed the movers from 1 Mover Depot to the company’s storage yard in Gardena. Sainz claimed that the original movers then refused to return her belongings until she paid them anywhere between $2,000 and $4,800. As a result, Sainz paid the movers from 1 Mover Depot $4,091 and she was given her belongings back. Sainz sued 1 Mover Depot Inc. and Delta Relocation Group Inc. She alleged that the actions of 1 Mover Depot constituted trespass to chattels in an attempt to recover money had and received, and that the actions of Delta Relocation Group constituted breach of contract. The defendants did not appear at trial, but initially asserted protection under the Federal Carmack Amendment, which was an amendment to the Interstate Commerce Act that provides that a common carrier that receives property for transport to a point in another state or territory, the District of Columbia, or an adjacent foreign country, will be held liable for any loss, damage or injury it causes to its cargo. The amendment makes a carrier liable, without proof of negligence, for all damage to the goods. Thus, the defendants initially asserted that the Carmack Amendment shielded them from any damages that Sainz alleged. Plaintiff’s counsel responded that Sainz did not freely put her belongings into interstate traffic, as she told the movers to take her belongings off of the truck., Sainz claimed that she was without her personal property, including her furniture, for a couple of weeks in Arizona. She alleged she had no bed, no toothpaste, nor any of the medications that she was prescribed. Thus, she claimed that she suffered emotional distress from the incident.