Best

ORDER GRANTING IN PART AND DENYING IN PART MOTIONS FOR SUMMARY JUDGMENT

The parties have each filed a motion for summary judgment. Plaintiff Agricola Baja Best (“Baja Best”) moves for a determination that Defendant Harris Moran Seed Company (“Harris Moran”) is the seller of the seeds at issue in this case, that Harris Moran’s warranty disclaimers and limitations of liability are unenforceable, and for summary judgment on six Harris Moran affirmative defenses. (Docket No. 51.) Harris Moran moves for summary judgment on each of Baja Best’s eight claims. (Docket No. 52.) For the reasons stated below, the Motions are GRANTED in part and DENIED in part.

BACKGROUND

I.' Associated Entities

Three entities are involved in this action, although only Baja Best and Harris Moran are parties.

A. Plaintiff Baja Best

Baja Best is a commercial agricultural grower of tomatoes located in Baja, California, Mexico. (Ybarguen Decl. ¶ 2.) 1 Baja Best is located in the Vizcaino area of Baja California. (Id.) Baja Best pur *979 chased the seeds that are at issue in this action. (Id.)

B. Defendant Harris Moran

Harris Moran is an American company with its principal place of business in California.…