Gomez

STATEMENT OF FACTS AND PROCEDURE

I. Prior Proceedings

A. Complaint

On April 28, 2009, 73 plaintiffs, who were heirs of 51 deceased Colombian nationals, filed a complaint against Dole, a corporation headquartered in California, for wrongful death and related causes of action. It was alleged the decedents were murdered in or around banana plantations in Colombia that Dole owned or operated between 1994 and November 2007 by members of Autodefensas Unidas de Colombia (“AUC”), a paramilitary organization hired by Dole and Dole‟s wholly-owned subsidiary CI Tecnicas Baltime de Colombia SA (“Tecbaco”) to provide security and protection services.

Hereinafter, all statutory references will be to the Code of Civil Procedure, unless noted otherwise.

2 B. First Amended Complaint

On April 9, 2010, a first amended complaint was filed alleging wrongful death, battery, assault, negligent hiring and supervision, intentional and negligent infliction of emotional distress, civil conspiracy, and negligence. Plaintiffs were 67 of the original 73 plaintiffs, plus 118 new plaintiffs. Plaintiffs were heirs of 167 decedents.

C. Proceedings on Demurrer to First Amended Complaint and Motion for…