Legal Opinion
Alvernaz Farms, Inc. v. Bank of California (In re T.H. Richards Processing Co.)
Court of Appeals for the Ninth Circuit
Decided August 8, 1990No. Nos. 88-15318 to 88-15320PublishedCited by 2 opinions
1Opinion of the Court
O’SCANNLAIN, Circuit Judge:
In this complex bankruptcy case, we examine the intricacies of California’s agricultural producer’s lien. The crucial question is whether a grower, merely by agreeing with a processor to a deferred payment for its produce, releases its lien as a matter of law. We conclude that such lien is not so released, and we therefore reverse the order of the district court which concluded otherwise.
I
Appellants are farmers (collectively hereinafter “Growers”). Twenty-three of them grow tomatoes; twelve grow pears; and one, in the past, grew peaches.1
In 1981, all of the tomato…
2Cases cited10 opinions
- United States v. Winston Bryant McConneyCourt of Appeals for the Ninth Circuit · 1984
- In the Matter of Pizza of Hawaii, Inc., Debtor. Pizza of Hawaii, Inc. v. Shakey's, Inc.Court of Appeals for the Ninth Circuit · 1985
- Common Cause v. Board of SupervisorsCalifornia Supreme Court · 1989
- Meyer v. United StatesSupreme Court of the United States · 1963
- Albert Nealey v. Transportacion Maritima Mexicana, S. A. And Maersk LinesCourt of Appeals for the Ninth Circuit · 1980
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In Re T.H. Richards Processing Company, Debtor. (Three Cases) Alvernaz Farms, Inc. Dennis Bastiao, Doing Business as Bastiao Farms Robert Borchard & Sons Dettling Farms, Inc., Richard Dettling, Gary Dettling Mike Dresick, Doing Business as D & H Farms, Inc. Fred & Lloyd Durst, Doing Business as Durst Bros. Galindo Farms Holdener Farms, Inc. Edgar Jane Farms, Inc. J & R Kalsfbeek, Inc. Denny Kidwell Ard K. Kozono Matsumura, Inc. George Morita, Nishikawa Farms, Inc., Rosa Farms, Williams Schoeningh, Hiroshi Tabata, M. Wilbur, Jr., Yosh Yamato, Dba Yamco Farms, Newhall Land & Farming Co. v. Bank of California, Lloyd M. Rives Thomas C. Howe John Goelet, as Administrators With the Will Annexed of the Estate of Whitney Warren, Deceased v. Harris Trust and Savings Bank Security Pacific National Bank Bank of California, California Canning Pear Association All State Packers, Inc. California Bartlett Packers A. Russell Gallaway, Jr. G.C. Johnson & Sons Ard K. Kozono Naumes, Inc. Runyon & Dorsey Orchards, Salisbury & Johnson, Scott's Valley Fruit Exchange, Fong Shee & Sons, Lloyd M. Rives, Thomas C. Howe and John Goelet, as Administrators With the Will Annexed of the Estate of Whitney Warren, Deceased v. Harris Trust and Savings Bank Security Pacific National Bank Bank of CaliforniaCourt of Appeals for the Ninth Circuit · 1990
- Stewart v. SpeiserDistrict Court, W.D. Missouri · 2018