Picazo dba Salinas Farms v. Aptos Berry Farms, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 RICARDO PICAZO, Case No. 23-cv-02735-SVK

Plaintiff,

ORDER ON

v. MOTIONS TO DISMISS

FIRST AMENDED COMPLAINT

APTOS BERRY FARMS, INC., et al., Re: Dkt. Nos. 21, 24 Defendants.

Plaintiff Ricardo Picazo d/b/a Salinas Farms entered into a contract with Defendant Aptos Berry Farms, Inc. (“Aptos”) under which the two coordinated to farm strawberries that Defendant Driscoll’s, Inc. (“Driscoll’s”) later sold. Pursuant to that contract, Plaintiff and Aptos split between them a portion of the sales proceeds. Believing that he received less than he earned under the contract, Plaintiff brings this action to (1) compel Defendants to provide him an accounting of the money he earned under the contract and (2) recover any money that remains due. Defendants Aptos and Driscoll’s each now move to dismiss Plaintiff’s first amended complaint (the “FAC” at Dkt. 16). See Dkts. 21 (the “Aptos Motion”), 24 (the “Driscoll’s Motion”)…