PCH Farms, LP v. America Berry Farms, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

PCH FARMS, LP,

Case No. 5:20-cv-01122-EJD Plaintiff, ORDER DENYING EX PARTE v. APPLICATION FOR TEMPORARY RESTRAINING ORDER AMERICA BERRY FARMS, INC., et al., Re: Dkt. No. 7 Defendants.

On February 13, 2020, Plaintiff PCH Farms, LP filed an ex parte application for a temporary restraining order against Defendants American Berry Farms, Inc., Adrian Mendez, and Bertha Fernandez. Dkt. No 7. On February 14, 2020 the case was reassigned to the undersigned. Dkt. No. 9. For the reasons discussed below, the Court denies the application. This case arises under the Perishable Agricultural Commodities Act (“PACA”). Plaintiff, a dealer of fresh produce, contends that it is a beneficiary of a statutory trust established under PACA. Defendants, dealers of perishable agricultural produce, are trustees under the PACA…