Lion Raisins v. RossAnnotate this Case
This appeal arose from two cases consolidated for trial, involving a California Raisin Marketing Order (the Marketing Order) first issued in 1998 by the California Department of Food and Agriculture (the Department) under the California Marketing Act of 1937 (the CMA). The first case, Lion Raisins, Inc., et al. v. Ross (case No. C086205) sought a declaration and injunctive relief filed by Lion Raisins, Inc., et al. (collectively, Lion). The Lion complaint sought a declaration that the Marketing Order was unconstitutional and invalid, and requested an injunction against future assessments, and a refund of all assessments paid since the 1999-2000 crop year. In the second case, People ex rel. Ross v. Raisin Valley Farms, LLC, et al. (case No. C086206), Raisin Valley Farms, LLC, et al. (collectively, Raisin Valley) sought to recover unpaid assessments, and a related cross-complaint against the Department for declaratory, injunctive, and compensatory relief. Similar to the Lion complaint, the Raisin Valley cross-complaint challenged the validity of the Marketing Order on multiple grounds. The trial court initially entered judgment against the Department on the consolidated cases, concluding the Marketing Order was invalid because there was insufficient evidence that the Marketing Order was necessary to address severe economic conditions in the raisin industry. The Department appealed and the Court of Appeal reversed, concluding the trial court’s interpretation of the CMA was too narrow. On remand, after additional briefing, the trial court entered judgments in favor of the Department, denying the challenges to the Marketing Order. Lion and Raisin Valley appealed those judgments, asserting numerous errors. With regard to the appeal in the Lion case, the Court of Appeal modified the judgment to dismiss the “varietal benefit” and “non-disparagement” claims due to appellants’ failure to exhaust administrative remedies, and affirmed the judgment as modified. The Court dismissed the appeal in the Raisin Valley case as premature under the one final judgment rule.