Martini E Ricci Iamino S.P.A.—Consortile Societa Agricola v. Western Fresh Marketing Services, Inc.

ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

ANTHONY W. ISHII, Senior District Judge.

This case stems from the provision of kiwi fruit from Plaintiff Martini E Ricci lamino S.P.A. (“M & R”) to Western Fresh Marketing Services, Inc. (“Western”). The active complaint is the First Amended Complaint (“FAC”). M & R alleges five causes of action against Western in the FAC: (1) breach of contract under the United Nations Convention for the International Sale of Goods (“CISG”);1 (2) breach of written contract; (3) price of goods; (4) account stated; and (5) open book account. Western now moves for…