Price Cold Storage v. Washington Organic Dried Fruit & Juice LLC

MEMORANDUM *

Price Cold Storage and Packing Company, Inc., and Price Sales, LLC, appeal the district court’s judgment in favor of Robert and Charlotte Brody. We affirm.

Price challenges the district court’s conclusion that Brody is not personally liable under the Perishable Agricultural Commodities Act (“PACA”), 7 U.S.C. §§ 499a et seq. Individual liability under PACA extends only to those “who are in a position to control PACA trust assets, and who breach their fiduciary duty to preserve those assets.” Sunkist Growers, Inc. v. Fisher, 104 F.3d 280, 283 (9th Cir.1997). In its factual findings, the district court contrasted Brody’s minimal involvement in the partnership with the activities of general partner Robert Boule, who “handled all day to day operations, including ... controlling the partnership finances ..., and accounting for all dollars that came into and flowed out of the organization.” The court found that Brody’s level of involvement “did not put him in a position of a control person for PACA liability.” These findings are amply supported by evidence in the record and are not clearly erroneous.

Price also appeals the denial of its motion to reconsider. Price…