SAN DIEGO — A produce distributor has filed suit against three companies for allegedly failing to pay more than $161,000 for tomatoes they ordered. 

Expo Fresh LLC filed a complaint July 25 in U.S. District Court for the Southern District of California against Western Repacking LLP, Lipman Produce Inc. and Produce Exchange Inc., alleging that they engaged in unfair conduct in violation of PACA.

According to the complaint, the plaintiff alleges that in Aug. 2014 Expo Fresh LLC entered into a contract for the sale of its fresh tomatoes to the defendants for use in their repacking and/or distributing businesses. The defendants purportedly agreed to promptly pay the price invoiced by the plaintiff for produce delivered. As a direct cause of the defendants’ breaches of the agreements, the plaintiff claims to have suffered damages in the sum of $161,658, which represents the unpaid balance for produce delivered. 

The plaintiff holds Western Repacking LLP, Lipman Produce Inc. and Produce Exchange Inc. responsible because the defendants allegedly failed to pay the plaintiff for the produce they accepted, failed to pay for shipments and failed to uphold their agreement with the plaintiff.

The plaintiff requests a trial by jury and seeks judgment against the defendant, damages, constructive trust, disgorgement of monies rendered, interest, costs, attorneys' fees and other relief as the court may deem just. It is represented by Morgan J.C. Scudi and J. Ray Ayers of Scudi & Ayers in San Diego.

U.S. District Court for the Southern District of California case number 16-cv-01881

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U.S. District Court for the Southern District of California

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