Thousands of people have descended upon Cesar Mora’s farm in central California this week, eagerly collecting free nectarines as he faces a challenging legal battle. Mora, a third-generation farmer in Reedley, has chosen to give away his harvest rather than let it spoil amidst ongoing litigation with Giumarra Brothers Fruit Co., which claims exclusive rights to the white nectarine variety he grows. Since Monday, Mora has distributed over 100,000 pounds of nectarines, sharing his surplus with the community.
“It was really just a thought of not wasting a perfectly good product,” Mora expressed. “It does make a grower feel good, being able to share my fruit with people and see their immediate reaction that they love it. It’s a little bit of good in this tough situation that I’ve been dealing with.”
The legal dispute centers on a variety of white nectarine known as “Monalise,” which is appreciated for its sweeter taste compared to traditional varieties. Mora has been embroiled in a lawsuit filed by Giumarra Brothers since 2023 over claims that he breached their contract by selling his fruit to other packers. The company maintains that its rights to the Monalise variety are exclusive, having been established through an agreement with Star Fruits Diffusion, a French breeding company.
Mora countered their claims with accusations of unfair business practices, stating that Giumarra mishandled a significant portion of his nectarine production, discarding up to half of his output in 2020, thereby slashing his profits. He also alleges that Giumarra violated their agreement by selling his nectarines internationally, an assertion the company disputes.
In 2017, Mora signed an agreement allowing him to grow and sell the Monalise nectarines, with royalty payments due to Giumarra. However, he later sought to end his relationship with the company, selling his nectarines to a different packer. This led to Giumarra’s breach of contract lawsuit, leaving Mora unable to sell the fruit while the legal battle continues.
According to his attorneys, Giumarra has failed to provide documentation regarding its licensing of the nectarine variety, and the court has ruled that the case can proceed even without a patent for the fruit in question. “The sublicense agreement does not expressly state that its validity is dependent on the existence or issuance of a patent for the fruit,” noted Fresno County Superior Court Judge Jon Skiles.
The impact of such prolonged litigation has taken a toll on Mora, who has also lost a quarter of his income as a result of being unable to sell his nectarines. He hopes that a resolution could lead to better legal protections for farmers like himself.
On the ground, the community response has been overwhelmingly positive. Locals wearing “No Nectarines Wasted” T-shirts helped distribute the free fruit, and Mora has even raised over $17,000 through a GoFundMe page. “The only saving grace through all this is being able to share it with the public and having everybody enjoy it,” Mora reflected, adding that witnessing the delight of those receiving the nectarines has provided him with a sense of purpose amid the challenges posed by the ongoing court case.
