Capobianco Law PC secured a complete summary judgment victory for its clients, Sunrise Olive Ranch LLC, Dan Devico, and Michael Devico, in federal litigation pending in the U.S. District Court for the Eastern District of California arising from The Mill at Kings River, LLC’s failure to pay more than $236,000 for olive oil purchased from Sunrise.

The dispute arose from allegations of nonpayment for a major purchase order. The order involved Sunrise’s sale of 5,910 gallons of olive oil to The Mill, based on written purchase orders from late 2022 and early 2023. The Court found that Sunrise delivered the olive oil, and The Mill accepted and resold the product, but failed to pay the agreed purchase price of $236,400.

In response to Sunrise’s claims, The Mill asserted affirmative defenses and crossclaims against Sunrise and the Devicos, alleging the parties had formed a “joint venture” relating to broader business opportunities involving olive oil production and sales. The Mill asserted claims for breach of fiduciary duty, fraud, and breach of an alleged joint venture agreement.

Capobianco Law moved for summary judgment on both Sunrise’s affirmative claims, and all claims the Mill asserted against Sunrise and the Devicos. The motion established that no joint venture ever existed and that the parties merely engaged in preliminary negotiations concerning a possible future LLC restructuring and investment arrangement that was never finalized or executed. Capobianco Law further demonstrated The Mill could not establish essential elements required for a joint venture.

The Court agreed and granted summary judgment in favor of Sunrise and the Devicos in full. The Court found that The Mill owed Sunrise the full $236,400 purchase price for the olive oil and dismissed all claims asserted against Sunrise and the Devicos, including The Mill’s fiduciary duty and fraud claims.

This result eliminates the need for Sunrise and the Devicos to proceed to trial and positions Sunrise to move directly into judgment enforcement and collection proceedings.

The Capobianco Law team included Anthony Capobianco, Dayme Sanchez, and Jacqueline Graves.

Capobianco Law represents businesses, executives, and owners in complex commercial disputes involving contracts, fiduciary duty claims, joint venture disputes, fraud allegations, and business tort litigation in both state and federal court.