Central California farmer Cesar Mora has begun giving away his entire harvest of white nectarines, distributing over 100,000 pounds of the fruit since Monday to avoid waste while entangled in a legal dispute. The legal battle centers on a company’s claim to exclusive rights over the specific white nectarine variety Mora cultivates.
Dispute Over ‘Monalise’ Variety
The conflict involves Giumarra Brothers Fruit Co., which alleges it holds exclusive rights to the white nectarine variety known as ‘Monalise,’ characterized by its sweeter taste. Giumarra claims Mora breached his contract by selling the fruit to other packers. Mora, a third-generation farmer from Reedley in California’s Central Valley, has been fighting the lawsuit filed by Giumarra since 2023. He has accused the company of unfair and fraudulent business practices.
Giumarra states in court filings that the rights to the Monalise variety are owned by Star Fruits Diffusion, a French company involved in plant breeding programs, with Giumarra holding the sublicense rights for testing, production, and sale. Star Fruits Diffusion did not respond to requests for comment. A trial is scheduled for later this month.
“At its heart, this is a disagreement involving two written agreements, and it is being resolved the right way — in court and on the facts,” Giumarra said in a statement provided by one of its attorneys.
Contractual Agreements and Farmer’s Claims
Court documents indicate that Mora signed a sublicensing agreement with Giumarra in 2017, permitting him to grow and sell the Monalise variety. This was followed by a marketing agreement in 2019, which required the fruit to be processed and sold through Giumarra. Mora stated that Giumarra recruited him to grow the nectarines, promising a lucrative opportunity.
Under these agreements, Mora was reportedly obligated to pay Giumarra a royalty of $2.50 per tree and a 4% production royalty based on gross sales, along with a sales commission. Mora alleges that Giumarra discarded up to half of the nectarines he supplied in 2020, negatively impacting his profits. Giumarra disputes this, and the judge overseeing the case has ruled that the statute of limitations has passed for these specific claims.
Further allegations from Mora claim that in 2022, Giumarra sold his nectarines to Taiwan, a violation of the contract specifying sales within the U.S. and Canada. Giumarra also disputes this assertion. Mora’s attempt to end his business relationship with Giumarra and sell his nectarines to another packer in 2023 led to Giumarra filing a breach of contract lawsuit, preventing Mora from selling the fruit while the legal proceedings continue.
Mora’s attorneys have stated that Giumarra has not provided documentation regarding its license for the nectarine variety. The company has countered in court filings that the Monalise is not covered by a U.S. plant patent. Mora’s legal team argues that Giumarra misrepresented the nectarines as an ‘exclusive variety’ with patent protection, suggesting a promise of high prices that did not materialize.
Legal Precedents and Farmer’s Outlook
Fresno County Superior Court Judge Jon Skiles ruled in May that Giumarra’s breach of contract claim can proceed, asserting the validity of the agreement between Giumarra and Mora regardless of the existence of a patent. The judge noted that the sublicense agreement’s validity is not expressly dependent on a patent for the fruit.
The protracted litigation has left Mora feeling frustrated and without recourse. He estimates a 25% loss in income due to being unable to sell his nectarine crop, although he continues to grow peaches and plums not subject to similar agreements. Mora expressed hope that his case will lead to increased legal protections for farmers. Giumarra intends to let the evidence presented at trial determine the outcome.
“It’s been discouraging to even want to go out and farm,” Mora said. Despite the challenges, he finds solace in sharing his fruit with the public, with visitors showing support by wearing T-shirts that read “No Nectarines Wasted” and contributing to a GoFundMe page that has raised over $17,000.
Mitchell Landsberg is the senior reporter for News Raise and focuses on Technology. Mitchell regularly writes about social media platforms and how influencers, industry and general people use them to communicate and make money.
