Legal Opinion
Jacobs Farm/Del Cabo, Inc. v. Western Farm Service, Inc.
California Court of Appeal
Decided December 20, 2010No. H033718PublishedCited by 19 opinions
1Opinion of the Court
Opinion
PREMO, J.
Plaintiff Jacobs Farm/Del Cabo, Inc., sued defendant Western Farm Service, Inc., alleging that pesticides defendant applied to fields near plaintiff’s farm migrated to plaintiff’s land, contaminated plaintiff’s crop, and rendered the crop unmarketable. Plaintiff sued defendant for crop losses it suffered in 2006 and for an injunction to prevent further pesticide applications in 2007. By the time of trial in 2008, the injunction issue was moot; both the 2006 and the 2007 crops had been contaminated by the migrating pesticide. A jury found defendant liable in negligence,…
2Cases cited39 opinions
- Silkwood v. Kerr-McGee Corp.Supreme Court of the United States · 1984
- Abelleira v. District Court of AppealCalifornia Supreme Court · 1941
- Bates v. Dow Agrosciences LLCSupreme Court of the United States · 2005
- Lucido v. Superior CourtCalifornia Supreme Court · 1990
- Rojo v. KligerCalifornia Supreme Court · 1990
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3Cited by19 opinions
- Kurz v. Syrus Systems, LLCCalifornia Court of Appeal · 2013
- Diamond v. Superior CourtCalifornia Court of Appeal · 2013
- Otay Land Co. v. U.E. Ltd., L.P., California Court of Appeal, 5th District2017
- Superior Court of Fresno Cnty. v. Pub. Emp't Relations Bd., California Court of Appeal, 5th District2018
- NewLife Sciences, LLC v. WeinstockCalifornia Court of Appeal · 2011
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