Earthbound settles apple lawsuit
Earthbound settles apple lawsuit
Earthbound Farm and parent company San Juan Bautista, CA-based Natural Selection Foods have settled out of court with a woman who claimed that an Earthbound manager trespassed on her property, took clippings from her rare, heirloom apple tree and propagated a 150-tree apple orchard for Natural Selection's own benefit.
Earthbound and Natural Selection are not admitting wrongdoing, but will pay apple tree owner Priscilla Higuera a six-figure cash settlement as compensation. In addition, they have agreed to turn over their entire fall harvest to Ms. Higuera. In November or December, they will uproot the 150 trees so that they can be transplanted to a location of Ms. Higuera's choosing.
The settlement was reached May 1, 11 days before the case was set to go to trial in Monterey County Superior Court.
"In light of everything, I don't think [Natural Selection/Earthbound Farm] financially profited," said Carmel attorney Gerald Barron, who represented Ms. Higuera.
Mr. Barron said that Ms. Higuera is happy with the settlement. While plans for the 150 trees have not been finalized, Mr. Barron said that Ms. Higuera will have some trees transplanted onto her property, nurseries likely will get some and some likely will be donated to charity.
The trees were propagated from clippings from a rare heirloom apple tree on Ms. Higuera's property. The circumstances surrounding the case date back to 2001, when Mark Marino, an employee of Natural Selection, trespassed on Ms. Higuera's property and took apple tree clippings that eventually propagated the 150-tree orchard that sits in the back of Natural Selection's property on Carmel Valley Road, beyond its popular roadside stand.
Mr. Barron previously said that Natural Selection sold its first crop of pink apples in 2006, with apples going on plates of some high-end restaurants in Monterey County.
During depositions, Natural Selection Foods admitted to trespassing, cutting clippings from Ms. Higuera's tree and planting its own apple orchard off those clippings, all of which happened in 2001.
On March 20, Monterey County Superior Court Judge Robert O'Farrell ruled denying a motion filed by Natural Selection Foods that contended that a statute of limitations for Ms. Higuera to bring her case to court had expired. A May 12 court date was set at that time.
Earthbound and Natural Selection are not admitting wrongdoing, but will pay apple tree owner Priscilla Higuera a six-figure cash settlement as compensation. In addition, they have agreed to turn over their entire fall harvest to Ms. Higuera. In November or December, they will uproot the 150 trees so that they can be transplanted to a location of Ms. Higuera's choosing.
The settlement was reached May 1, 11 days before the case was set to go to trial in Monterey County Superior Court.
"In light of everything, I don't think [Natural Selection/Earthbound Farm] financially profited," said Carmel attorney Gerald Barron, who represented Ms. Higuera.
Mr. Barron said that Ms. Higuera is happy with the settlement. While plans for the 150 trees have not been finalized, Mr. Barron said that Ms. Higuera will have some trees transplanted onto her property, nurseries likely will get some and some likely will be donated to charity.
The trees were propagated from clippings from a rare heirloom apple tree on Ms. Higuera's property. The circumstances surrounding the case date back to 2001, when Mark Marino, an employee of Natural Selection, trespassed on Ms. Higuera's property and took apple tree clippings that eventually propagated the 150-tree orchard that sits in the back of Natural Selection's property on Carmel Valley Road, beyond its popular roadside stand.
Mr. Barron previously said that Natural Selection sold its first crop of pink apples in 2006, with apples going on plates of some high-end restaurants in Monterey County.
During depositions, Natural Selection Foods admitted to trespassing, cutting clippings from Ms. Higuera's tree and planting its own apple orchard off those clippings, all of which happened in 2001.
On March 20, Monterey County Superior Court Judge Robert O'Farrell ruled denying a motion filed by Natural Selection Foods that contended that a statute of limitations for Ms. Higuera to bring her case to court had expired. A May 12 court date was set at that time.
