JACOBS FARM/DEL CABO, INC. v. WESTERN FARM SERVICE, INC.

No. H033718.

190 Cal.App.4th 1502 (2010)

JACOBS FARM/DEL CABO, INC., Plaintiff and Respondent, v. WESTERN FARM SERVICE, INC., Defendant and Appellant.

Court of Appeals of California, Sixth District.

December 20, 2010.


Attorney(s) appearing for the Case

Morris Polich & Purdy, Richard H. Nakamura, Jr. ; Petrie, Dorfmeier & Morris, Dale Dorfmeier ; Barnes & Thornburg and Dean T. Barnhard for Defendant and Appellant.

California Farm Bureau Federation, Kari E. Fisher ; Kahn, Soares & Conway and Ann M. Grottveit for Air Coalition Team as Amicus Curiae on behalf of Defendant and Appellant.

Comstock, Thompson, Kontz & Brenner, Austin B. Comstock ; Law Offices of Joel Franklin and Joel Franklin for Plaintiff and Respondent.

Natural Resources Defense Council, Inc., Avinash Kar , Jason Malinsky ; Center on Race, Poverty & The Environment and Alegria De La Cruz as Amici Curiae on behalf of Plaintiff and Respondent.


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...

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