Andrew Smith Co. v. PAUL'S PAK, INC.

ORDER GRANTING IN PART AND DENYING IN PART MOTIONS FOR SUMMARY JUDGMENT ON PAUL’S PAK’S CLAIMS

Plaintiff Andrew Smith Company (“Andrew Smith”) has sued a network of defendants — including Paul’s Pak, Inc. (“Paul’s Pak”), Premium Fresh Farms, LLC (“Premium Fresh”), Church Brothers, LLC (“Church Brothers”), and True Leaf Farms, LLC (“True Leaf’) — because it has not been paid for over three million dollars worth of lettuce. Paul’s Pak has asserted counterclaims against Andrew Smith, as well as crossclaims against Premium Fresh, Church Brothers, and True Leaf. Church Brothers has asserted counterclaims against Paul’s Pak and cross-claims against Salvador Tarantino.

Paul’s Pak, Church Brothers, and True Leaf each move for summary judgment on Paul’s Pak’s claims. For the following reasons, the court grants the motions in part and denies the motions in part.

I. PAUL’S PAK’S MOTION FOR PARTIAL SUMMARY JUDGMENT

In its Second Amended Counterclaim, Paul’s Pak asserts various causes of action, including breach of contract by both Church Brothers and Premium Fresh. Paul’s Pak now moves for partial summary judgment on its two breach of contract claims and on the enforceability of a Waiver…