REEDLEY — Thousands of visitors received free nectarines at Cesar Mora's farm in Reedley, California, during a recent event. Mora has distributed more than 100,000 pounds of nectarines since Monday as a trial in a lawsuit between Mora and Giumarra Brothers Fruit Co. is scheduled for later this month.

Giumarra Brothers Fruit Co. filed a lawsuit against Mora in 2023, claiming exclusivity over the Monalise white nectarine variety grown by Mora. The lawsuit includes accusations that Mora broke a contract by selling the fruit to other packers.

Mora, a third-generation farmer, signed a sublicensing agreement with Giumarra in 2017 to grow and sell the Monalise nectarine. In 2019, he entered a marketing agreement that required the fruit to be packed and sold through Giumarra. Under these agreements, Mora was to pay Giumarra a royalty of $2.50 per tree, along with a 4% production royalty based on gross sales and a sales commission. "They sold me hope and a big dream that I thought I could participate in with them," Mora said.

Mora alleges that up to half of the nectarines he provided to Giumarra in 2020 were discarded, though Giumarra disputes this claim. A judge overseeing the case found that the statute of limitations for Mora's claims regarding the 2020 nectarines had passed. Mora also alleges that Giumarra sold his nectarines to Taiwan in 2022, in violation of a contract limiting sales to the U.S. and Canada. Giumarra disputes this claim as well.

After attempting to terminate his relationship with Giumarra, Mora sold his nectarines to another fruit packer in 2023. Giumarra then sued Mora for breach of contract in 2023. Mora has accused Giumarra Brothers Fruit Co. of unfair and fraudulent business practices. Mora's attorneys claim in court filings that "Giumarra promised and represented that the Nectarines were an 'exclusive variety' of fruit, and thus Giumarra held patents and related legal rights over these nectarines."

Giumarra stated in court filings that the Monalise nectarine is not covered by a U.S. plant patent. "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," the company said in a statement. Fresno County Superior Court Judge Jon Skiles ruled in May that Giumarra's breach of contract claim can proceed.

Mora has lost a quarter of his income by not being able to sell his nectarine crop, though he also grows peaches and plums not subject to agreements with Giumarra. He has raised more than $17,000 through a GoFundMe page. Locals wore T-shirts reading "No Nectarines Wasted" while gathering free fruit on Wednesday. "It was really just a thought of not wasting a perfectly good product," Mora said. He added, "It does make a grower feel good, being able to share my fruit with people and see their immediate reaction that they love it."

Why It Matters

This situation involves a dispute over agricultural contracts and intellectual property rights in California's Central Valley, which produces an estimated 40% of the nation's fruits, nuts, and other table foods. The lawsuit centers on complexities farmers can face with sublicensing and marketing agreements for specific fruit varieties. The scheduled trial aims to resolve claims of breach of contract from Giumarra and accusations of unfair business practices from Mora.