On August 28, 2018, the U.S. Central District of California substantially denied the Defendant’s Motion to Dismiss all claims brought on behalf of Ayala’s two Peruvian clients. The lawsuit alleges the “Defendant . . . knowingly or with reckless disregard for the truth shipped Plaintiffs certain seeds, in such deteriorated condition that they caused substantial damages to Plaintiffs’ lands, crops, and clients, virtually destroying their entire businesses.”
In its opinion, Honorable Dolly M. Gee held that the Amended Complaint in the case permitted a cause of action for consequential damages, despite the Defendant’s efforts to limit the damages to a nominal, meaningless amount, that hardly redressed the actual damages suffered by the two Plaintiffs.
As stated by attorney Eduardo A. Maura: “We are happy with the result. We are happy the Court was able to see that the Defendant’s jurisdictional arguments were arguments on the merits disguised as procedural, and that this case will move forward to the evidentiary stages.”
For more information on Ayala’s international commercial litigation practice send us an email or call 305-570-2208.