19-11568 Kubo Demurrer 8/18/2020
Defendant Reynolds Packing Co., dba M&R Company demurs to the first nine causes of action of the Complaint of Plaintiffs Kubo Farms/Yeung Farms, et al. Having read and considered the motion, opposition, and reply, the court issues the following tentative ruling:
Defendant’s Requests for Judicial Notice 1 and 2 are granted. Evid. C. § 452(d)(1).
The Kubo Farms/Yeung Farms plaintiffs assert that they operated as an informal joint venture with respect to their production of the squash that they delivered to M&R from July to October 2018 to be packed and marketed. They assert that the joint venture had a contract with Reynolds Packing Co. that was partly written (based on a 2017 Squash Packing Charges Agreement apparently executed on behalf of the joint venture), partly oral and partly by conduct based on prior dealings. Kubo Farms’ First Amended Complaint (“FAC”), ¶¶ 1-5, 18, 19, 21. The joint venture denies being a party to a Squash Marketing Agreemen
Hearing Date
August 14, 2020
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19-11568 Kubo Demurrer 8/18/2020
Defendant Reynolds Packing Co., dba M&R Company demurs to the first nine causes of action of the Complaint of Plaintiffs Kubo Farms/Yeung Farms, et al. Having read and considered the motion, opposition, and reply, the court issues the following tentative ruling:
Defendant’s Requests for Judicial Notice 1 and 2 are granted. Evid. C. § 452(d)(1).
The Kubo Farms/Yeung Farms plaintiffs assert that they operated as an informal joint venture with respect to their production of the squash that they delivered to M&R from July to October 2018 to be packed and marketed. They assert that the joint venture had a contract with Reynolds Packing Co. that was partly written (based on a 2017 Squash Packing Charges Agreement apparently executed on behalf of the joint venture), partly oral and partly by conduct based on prior dealings. Kubo Farms’ First Amended Complaint (“FAC”), ¶¶ 1-5, 18, 19, 21. The joint venture denies being a party to a Squash Marketing Agreemen