Royal Hawaiian Orchards L.P. v. Edmund C. Olson, in his capacity as trustee of the Edmund C. Olson Trust No. 2; The Edmund C. Olson Trust No. 2, a California business trust; and Does 1 through 50, collectively
Published: Nov. 28, 2015 | Result Date: Jun. 26, 2015 | Filing Date: Jan. 1, 1900 |Case number: 2:14-cv-08984-RSWL-RZ Bench Decision – Dismissal
Court
USDC Central
Attorneys
Plaintiff
Thomas E. Campagne
(Campagne & Campagne)
Wiley R. Driskill
(Lozano Smith)
Justin T. Campagne
(Campagne & Campagne APC)
Defendant
Facts
Royal Hawaiian Orchards LP cultivated and marketed macadamia nuts and macadamia nut products in Hawaii. Plaintiff filed suit against its competitor Edmund Olson, the sole trustee of the Edmund C. Olson Trust No. 2.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that its predecessor-in-interested entered into a Lease Agreement with defendant's predecessor-in-interest in which plaintiff, through its predecessor, was to cultivate macadamia nuts on real property located in Hawaii.
Plaintiff asserted causes of action for breach of contract, breach of implied covenant of good faith and fair dealing, unfair and deceptive competition, intentional interference with prospective economic advantage, monopolization in violation of the Sherman Anti-Trust Act, declaratory relief and equitable relief.
It further contended that defendant's allegations that plaintiff breached the lease were merely pretextual grounds to eject plaintiff and terminate the lease prematurely so that defendant could eliminate one of its few direct competitors in the market and increase its monopolistic position in the marketplace.
DEFENDANT'S CONTENTIONS:
Defendant Olson contended that his primary residence and the majority of his business holdings are in Hawaii. He contended he moved to Hawaii nearly a year before the filing of plaintiff's complaint.
Result
The court granted Olson's motion to dismiss because venue in California was improper.
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