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Coastal Berry Files Cross-Complaint.


WATSONVILLE, Calif.--(BUSINESS WIRE)--Aug. 26, 1998--On August 24, 1998, Coastal Berry filed a complaint against the Western Growers Association ("WGA WGA Windows Genuine Advantage (Microsoft)
WGA Writers Guild of America (union for screenwriters)
WGA Wise Giving Alliance (Better Business Bureau)
WGA wheat germ agglutinin
"), the WGA Board of Directors, and WGA President David Moore.

The complaint, filed as a cross-complaint to an action filed by the WGA against Coastal Berry, David Gladstone, B & G Berry and others in June, alleges violations of California antitrust laws antitrust laws n. acts adopted by Congress to outlaw or restrict business practices considered to be monopolistic or which restrain interstate commerce. The Sherman Antitrust Act of 1890 declared illegal "every contract, combination.... , breach of fiduciary duty, trade libel and breach of contract.

The cross-complaint seeks to recover compensatory damages A sum of money awarded in a civil action by a court to indemnify a person for the particular loss, detriment, or injury suffered as a result of the unlawful conduct of another.  of $1.1 million from the defendants, jointly and severally Jointly and Severally

1. A legal term describing a partnership in which individual decisions are bound to all parties involved and thus undivided.

2. A term used in underwriting syndicates to refer to the distinct responsibility of individual companies to sell a certain
, plus treble and punitive damages Monetary compensation awarded to an injured party that goes beyond that which is necessary to compensate the individual for losses and that is intended to punish the wrongdoer.  for alleged violations of antitrust law and breach of the individual directors' fiduciary duties.

Coastal Berry, Gladstone and B & G Berry have also moved to dismiss the WGA's complaint and to have it stricken under California's anti-SLAPP suit ("Strategic Lawsuit Against Public Participation The examples and perspective in this article or section may not represent a worldwide view of the subject.
Please [ improve this article] or discuss the issue on the talk page.
") statute. The WGA had filed its original complaint in state court shortly after the California Agricultural Labor Relations Board dismissed unfair labor practices charges filed by the WGA based on allegations which are, in large part, virtually identical to those contained in the WGA's suit.

The anti-SLAPP statute allows a court to dismiss claims which are brought primarily to chill a defendant's exercise of his or her rights to free speech and petition under the United States and California Constitutions and to award attorneys' fees incurred in having the complaint stricken.

    CONTACT: Coastal Berry Co. LLC
              David Smith, 408/724-1366


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No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1998, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Article Type:Article
Geographic Code:1USA
Date:Aug 26, 1998
Words:237
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