Natural Selection's statute of limitations claim denied in apple lawsuit
Natural Selection's statute of limitations claim denied in apple lawsuit
A Monterey County Superior Court judge has denied a motion filed by Natural Selection Foods that contends that a statute of limitations exists in the case of a Carmel Valley, CA, woman who claims to have been wronged by the company over her rare, heirloom apple tree.
Priscilla Higuera's lawsuit against Natural Selection Foods and its manager, Mark Marino, allege conversion of personal property for profit and intentional infliction of emotional distress.
Natural Selection has 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. Ms. Higuera's lawsuit was filed in 2006. Natural Selection's attorney, Michael Korda, filed a motion contending that Ms. Higuera's lawsuit comes too late since trespassing has a three-year limitation as governed by the California Code of Civil Procedures.
However, Ms. Higuera's attorney, Gerald Barron of Carmel, argued that the limitation does not hold up in the case of concealment of the truth and contends that his client did not know who had cut her tree.
Mr. Barron said that Judge Robert O'Farrell's March 20 ruling denying Natural Selection's motion means that the judge "found substantial evidence existed that, if believed by a jury, would allow a jury to find that there was fraudulent concealment by defendant(s) of the taking of cuttings and their conversion that they may not claim that Ms. Higuera was untimely in filing" her lawsuit.
Adjacent to Natural Selection's property on Carmel Valley Road there are 150 apple trees that were propagated from clippings taken from Ms. Higuera's tree. Some five years after the clippings were taken, the trees began bearing fruit.
Mr. Barron seeks compensatory and punitive damages that could top $2 million. The trial is slated to begin May 12.
Priscilla Higuera's lawsuit against Natural Selection Foods and its manager, Mark Marino, allege conversion of personal property for profit and intentional infliction of emotional distress.
Natural Selection has 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. Ms. Higuera's lawsuit was filed in 2006. Natural Selection's attorney, Michael Korda, filed a motion contending that Ms. Higuera's lawsuit comes too late since trespassing has a three-year limitation as governed by the California Code of Civil Procedures.
However, Ms. Higuera's attorney, Gerald Barron of Carmel, argued that the limitation does not hold up in the case of concealment of the truth and contends that his client did not know who had cut her tree.
Mr. Barron said that Judge Robert O'Farrell's March 20 ruling denying Natural Selection's motion means that the judge "found substantial evidence existed that, if believed by a jury, would allow a jury to find that there was fraudulent concealment by defendant(s) of the taking of cuttings and their conversion that they may not claim that Ms. Higuera was untimely in filing" her lawsuit.
Adjacent to Natural Selection's property on Carmel Valley Road there are 150 apple trees that were propagated from clippings taken from Ms. Higuera's tree. Some five years after the clippings were taken, the trees began bearing fruit.
Mr. Barron seeks compensatory and punitive damages that could top $2 million. The trial is slated to begin May 12.
