FRESNO – Land O’Lakes Inc. alleges the owners of a Tulare dairy farm breached their agreement to deliver milk.
Land O’Lakes Inc. filed a complaint on May 31 in the U.S. District Court for the Eastern District of California, Fresno Division against Jose D. Franco, Rose Franco, Richard Franco and Joseph Franco alleging breach of contract.
According to the complaint, the parties entered into a milk marketing and membership agreement dated 2007 and that the terms of the agreement stated the defendants must give a one-year notice of termination. The suit states Joseph Franco informed the plaintiff on March 31 that the defendants intended to cease delivering milk the following month.
The plaintiff holds Jose D. Franco, Rose Franco, Richard Franco, and Joseph Franco responsible because the defendants allegedly failed and refused to deliver milk to the plaintiff despite being reminded that they needed to notify the plaintiff one year ahead of time according to their agreement.
The plaintiff requests a trial by jury and seeks damages of more than $100,000, to enjoin the defendants to continue to breach the agreement, interest, all legal fees and any other relief as the court deems just. It is represented by Margaret E. Dalton of Stoel Rives LLP in Minneapolis.
U.S. District Court for the Eastern District of California, Fresno Division case number 1:17-cv-00749-DAD-MJS