Martini E Ricci Lamino S.P.A.-Consortile Societa Agricola v. Trinity Fruit Sales Co.

ORDER ON MOTIONS FOR SUMMARY JUDGMENT

ANTHONY W. ISHII, Senior District Judge.

This case stems from the provision of kiwi fruit from Plaintiff Martini E Ricci Iamno S.P.A. (“M & R”) to Trinity Fruit Sales Company, Inc. (“Trinity”). The active complaint is the First Amended Complaint (“FAC”). M & R alleges five causes of action against Trinity 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. M & R now moves for summary judgment,…