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ANDREW SMITH CO. v. PAUL'S PAK, INC.

No. C-08-04802 RMW.

754 F.Supp.2d 1120 (2010)

ANDREW SMITH COMPANY, a general partnership, Plaintiff, v. PAUL'S PAK, INC.; Premium Fresh Farms, LLC; PDP & Associates, LLC; AG Harvesting & Technologies, LLC; ESV Investments, LLC; Salvador Paul Tarantino; Paul S. Tarantino; John L. Simmons; Emmit L. Pfost; Jack Parson; Steven A. Cinelli; John D. Tamagni; Robert Elliott; James S. Tamagni; Richard Tamagni; Steve Church; Thomas Church; David Gill; Church Brothers, LLC; and True Leaf Farms, LLC, Defendants.

United States District Court, N.D. California, San Jose Division.

November 17, 2010.

Attorney(s) appearing for the Case

Jan Leslie Kahn , Kahn Soares & Conway, LLP, Hanford, CA, Ann Marguerite Grottveit , Kahn Soares & Conway, LLP, Sacramento, CA, for Plaintiff.

Effie F. Anastassiou , Anastassious & Associates, Clyde Charles Pearce , Law Offices of Clyde C. Pearce, Salinas, CA, Edward William Smithers , Mary Ann O'Hara , Smithers Law Firm, San Jose, CA, Stephen P. McCarron , McCarron & Diess, Washington, DC, for Defendants.

ORDER GRANTING IN PART AND DENYING IN PART MOTIONS FOR SUMMARY JUDGMENT ON PAUL'S PAK'S CLAIMS

RONALD M. WHYTE, District Judge.

Plaintiff Andrew Smith Company ("Andrew Smith") has sued a network of defendants—including Paul's Pak, Inc. ("Paul's Pak"), Premium Fresh Farms, LLC ("Premium Fresh"), Church Brothers, LLC ("Church Brothers"), and True Leaf Farms, LLC ("True Leaf")—because it has not been paid for over three million dollars worth of...

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