Central California farmer Cesar Mora has been giving away his white nectarine harvest this week, distributing more than 100,000 pounds of fruit as he engages in a legal battle over exclusive selling rights. The dispute highlights the ongoing tension between agricultural growers and companies that develop and market new plant varieties.
Mora, a third-generation farmer in Reedley, has been embroiled in a lawsuit with Giumarra Brothers Fruit Co. since 2023. The company claims exclusive rights to the "Monalise" variety of white nectarine, a fruit known for its sweeter, less tart taste, and alleges Mora breached his contract by selling the fruit to other packers. A trial is scheduled for later this month.
"At its heart, this is a disagreement involving two written agreements, and it is being resolved the right way — in court and on the facts," an attorney for Giumarra said in a statement. Mora has accused the company of unfair and fraudulent business practices.
According to court filings, Giumarra holds sublicensing rights for the Monalise variety, originally developed by French company Star Fruits Diffusion. Mora signed a sublicensing agreement with Giumarra in 2017 to grow and sell the nectarines and a marketing agreement in 2019 that stipulated the fruit be packed and sold through Giumarra. Mora claims the company recruited him to grow the variety, promising a lucrative opportunity.
Under the agreements, Mora was obligated to pay Giumarra a royalty of $2.50 per tree and a 4% production royalty based on gross sales, in addition to a sales commission. Mora alleges that Giumarra discarded up to half of the nectarines he provided in 2020, impacting his profits, a claim the company disputes. A judge found that the statute of limitations had passed for these claims. Mora also alleges that in 2022, Giumarra sold his nectarines to Taiwan in violation of the contract, which he claims limited sales to the U.S. and Canada. Giumarra contests this assertion.
In 2023, after seeking to end his relationship with Giumarra, Mora sold his nectarines to another packer, which led to Giumarra filing a breach of contract lawsuit. This legal action has prevented Mora from selling his nectarine crop while the case proceeds.
Mora's attorneys have stated that Giumarra has not provided documentation of its license for the nectarine variety. While Giumarra notes the Monalise is not covered by a U.S. plant patent, Mora's legal team contends that Giumarra misrepresented the exclusivity of the fruit and its associated legal rights. However, in May, Fresno County Superior Court Judge Jon Skiles ruled that Giumarra's breach of contract claim could move forward, stating the agreement's validity does not depend on the existence of a patent for the fruit.
The litigation has led Mora to lose a quarter of his income, as he can no longer sell his nectarine crop, though he continues to grow peaches and plums not subject to the agreements. He expressed hope that his case will lead to greater legal protections for growers. Giumarra has indicated it will allow the evidence to be presented at trial.
Locals have shown support for Mora, with some wearing T-shirts reading "No Nectarines Wasted" and assisting in distributing the free fruit. He has also raised more than $17,000 through a GoFundMe page. Mora stated that sharing the fruit with the public has been a source of solace during the challenging legal proceedings.