Legal Opinion

Tomatoes Extraordinaire, Inc. v. Berkley

California Court of Appeal

Decided March 8, 2013No. D059971PublishedCited by 1 opinion

1Opinion of the Court

Opinion

HALLER, J.

Tomatoes Extraordinaire, Inc., doing business as Specialty Produce (Specialty), sued Wellington, Inc., doing business as Jack’s La Jolla (Jack’s), and its controlling officer, William J. Berkley, for failure to pay outstanding invoices for produce supplied by Specialty to Jack’s. After a court trial, Berkley was found personally liable for Specialty’s damages. This personal liability was based on the Perishable Agricultural Commodities Act, 1930 (PACA; 7 U.S.C. § 499a et seq.), which regulates qualifying transactions in the produce industry.

On appeal, Berkley raises an issue…

2Cases cited11 opinions

  1. Smith v. Superior CourtCalifornia Supreme Court · 2006
  2. Flannery v. PrenticeCalifornia Supreme Court · 2001
  3. Nolan v. City of AnaheimCalifornia Supreme Court · 2004
  4. Patterson Frozen Foods, Inc. v. Crown Foods International, Inc., a Corporation F/k/a Crown Food-Service Group, Inc., and Philip H. EckertCourt of Appeals for the Seventh Circuit · 2002
  5. American Banana Co., Inc. v. Republic National Bank Of New YorkCourt of Appeals for the Second Circuit · 2004

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3Cited by1 opinion

  1. Tomatoes Extraordinaire v. Berkley CA4/1California Court of Appeal · 2015

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