A Reedley nectarine farmer who gave away thousands of pounds of fruit to raise awareness about his legal battle with one of the nation’s larges fruit companies has lost his case in Fresno County Superior Court.
After a two-week trial, the jury deliberated for about three hours before returning its verdict Thursday. It rejected farmer Cesar Mora’s claims that Giumarra Brothers Fruit Co. made multiple promises to him in exchange for growing its proprietary fruit, the white-flesh Monalise.
The jury also found that Mora, a third-generation farmer, breached his contract with the produce company when he took the nectarines to be packed and sold by another fruit company. As part of the contract, Giumarra strictly forbid growers from using a packer it has not approved.
Mora alleged in court documents that he was unhappy with Giumarra for not notifying him that his fruit culls were being sold and he wasn’t getting paid for it.
He also alleged that he was promised $1,000 an acre for signing up to grow the Monalise, that the company agreed to defer the tree royalty fee, that Giumarra promised the nectarines were pre-sold to a Canadian grocery store chain, and that the fruit was a patented variety.
The jury ruled against Mora on every one of his allegations.
After the verdict, Mora was visibly upset, as friends and family members tried to comfort him. He said this experience has changed his opinion on farming. He farms on about 70 acres, and 7.5 were dedicated to growing the Monalise.
“This isn’t going to destroy me, but I’ll tell you this, I’m not going to farm anymore,” he said. “I can’t farm in an industry where a company can treat their growers this way and literally use the legal system to punish them. I can’t continue like his. “
Prior to the trial, Mora’s case had garnered extensive media attention, largely because of his posts on social media. He launched a page on Instagram, nonectarineswasted, to keep supporters updated. He and his family organized a fruit giveaway that drew thousands of people to his Reedley farm.
Mora said at the time that he would rather give the fruit away than let it fall to the ground and rot. Non-Giumarra packing houses were reluctant to get involved for fear of being dragged into the legal squabble.
One of Giumarra’s attorneys, John Migliazzo of Fresno, was pleased with the jury’s decision. “The judge had already determined that Giumarra Brothers had exclusive licensing rights over the Monalise white-flesh nectarine, and today the jury validated Giumarra’s position,” Migliazzo said. “Giumarra Brothers did nothing wrong.”
Mora’s lawyers, Chapman Zaragoza LLP in Clovis, plan to file an appeal in the case and they are working to stop the destruction of Mora’s nectarine trees.
Judge Steven Crass ruled earlier this month that the Giumarra nectarines growing on Mora’s 7.5 acres must be removed.
A timeline for the tree removal has not been established.
The Fresno Bee
A Valley native, Robert has worked at The Fresno Bee since 1994, covering various topics including education, business, courts and agriculture.