Norman R. Johnson and Louise C. Johnson, Plaintiffs-Appellees/cross v. Pacific Lighting Land Company, Defendant-Appellant/cross-Appellee

This is a class action by a group of citrus fruit growers against a commercial packing house that picked, hauled, packaged, and shipped the fruit to market. The action is based on three theories: (1) breach of contract; (2) violation of state antitrust laws; and (3) violation of the federal Perishable Agricultural Commodities Act (“PACA”). The case was filed in state court and removed to federal court under 28 U.S.C. § 1331 (1982) based on the claim under the federal statute. The remaining two claims are pendent state claims. The jury rendered a verdict awarding damages of $3,900,000 on the breach of contract claim and $440,000 on the antitrust claim. The jury also found the defendant liable on the PACA claim, but awarded no damages. The defendant’s motion for a judgment not withstanding the verdict or, in the alternative, for a new trial, was denied. Defendant appeals from judgment on the verdict of $4,340,000 and the denial of the motion. The plaintiffs appeal the denial of their motion for attorneys’ fees to be assessed against the defendant.

Defendant, Pacific Lighting Land Company, is a holding company that owned Yuma Citrus Company (“YCC”), a commercial packing house,…