Paramount Farms, Inc. v. Ventilex B.V.

SUMMARY JUDGMENT DECISION

(Docs. 49, 50.)

INTRODUCTION

This action arises out of plaintiff Paramount Farms, Inc.’s (“Paramount Farms’ ”) purchase of an almond pasteurization system designed and manufactured by defendant Ventilex B.V. (“Ventilex BV”). Ventilex BV seeks summary judgment on Paramount Farms’ breach of contract and warranty claims in the absence of its privity with Paramount Farms or vicarious liability. Paramount Farms seeks summary judgment on its claims based on preclusive effects of an arbitration award in its favor against Ventilex USA, Inc. (“Ventilex USA”), a United States-based subsidiary of Ventilex BV. This Court considered Paramount Farms and Ventilex BV’s cross-summary judgment motions on the record without a hearing, pursuant to Local Rule 230(g). For the reasons discussed below, this Court DENIES Paramount Farms summary judgment and GRANTS Ventilex BV summary adjudication on Paramount Farms’ breach of implied covenant of good faith and fair dealing claim and overhead and liquidated damages claims but otherwise denies Ventilex BV summary judgment.

The Parties

Paramount Farms, a Delaware corporation, processes, produces and markets almonds and…