E. & J. Gallo Winery v. Andina Licores S.A.

MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION FOR SUMMARY JUDGEMENT OR SUMMARY ADJUDICATION

INTRODUCTION

In this memorandum opinion, the court takes up the second of two dispositive mo tions in this action for damages and declaratory relief by plaintiff E. & J. Gallo Winery (“Gallo”) against defendant Andina Licores S.A. (“Andina”). In the first of the motions considered by the court, Andi-na moved to dismiss the complaint in this action pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. In a prior memorandum opinion and order filed by the court on June 30, 2006, the court dismissed Gallo’s claims for abuse of process and for unfair business practices under California Business and Professions Code, section 17200. The court denied Andina’s motion to dismiss Gallo’s claims for breach of contract and for declaratory relief.

In the instant motion, Gallo moves for summary judgment on all of its claims against Andina. Because Gallo’s claims for abuse of process and unfair business practice have been dismissed, the court will only consider the remaining claims for breach of contract and for declaratory relief. Diversity Jurisdiction…