SACRAMENTO – A Visalia company alleges it was not paid for produce.
Johnston Farms filed a complaint on Jan. 4 in the U.S. District Court for the Eastern District of California against Fresh Growers Direct Inc., Yuval Yusufov and Gill Goldman alleging violation of the Perishable Agricultural Commodities Act, unjust enrichment and other counts.
According to the complaint, the plaintiff alleges that it sold perishable agricultural commodities to defendant Fresh at said defendant’s request between Dec. 16, 2015, and Feb. 15, 2016, in a series of transactions for which they agreed to pay plaintiff the principal sum. The suit states that despite plaintiff having forwarded invoices cumulatively totaling to $111,510, payment remains unpaid to date.
The plaintiff holds Fresh Growers Direct Inc.,Yusufov and Goldman responsible because the defendants allegedly failed and refused to pay plaintiff for the produce purchased and no part of those sums due and owing has been paid.
The plaintiff requests a trial by jury and seeks judgment against defendants, declaratory relief, damages in the amount of $111,510, finance charges at the contract rate of 1.5 percent per month, attorney’s fees, costs of suit, and further relief as the court may deem just. It is represented by Bart M. Botta and Jing Tong of Rynn & Janowsky LLP in Newport Beach.
U.S. District Court for the Eastern District of California Case number 1:7-cv-00016