Thousands have visited a farm in central California this week to collect free white nectarines amid an ongoing legal dispute between the grower and a fruit company claiming exclusive rights to the variety. Cesar Mora, a third-generation farmer operating near Reedley in California’s Central Valley, has been giving away his Monalise nectarines since Monday to avoid having the fruit go to waste while he faces a lawsuit from Giumarra Brothers Fruit Co.
Giumarra Brothers filed suit against Mora in 2023, alleging that he violated contractual agreements by selling the Monalise nectarines to other packers rather than exclusively through the company. The lawsuit, scheduled for trial later this month, underscores tensions between farmers and large fruit companies that hold licensing rights over proprietary plant varieties.
The Monalise nectarine, described as sweeter and less tart than other varieties, is owned by Star Fruits Diffusion, a French plant breeding company, with Giumarra holding sublicensing rights for production and sales. Mora signed a sublicensing agreement with Giumarra in 2017 to grow the variety and a subsequent marketing agreement in 2019 requiring him to sell the fruit through the company. Under these contracts, Mora agreed to pay royalties based on the number of trees and fruit sales.
Mora contends that Giumarra engaged in unfair business practices, including discarding large portions of his fruit in 2020, which he claims severely reduced his profits. Giumarra disputes this, and a judge has ruled that Mora’s claims related to that period are time-barred. Mora also alleges that Giumarra breached the contract by selling his nectarines to Taiwan in 2022, despite the agreement specifying sales only in the United States and Canada, a claim the company denies.
After seeking to end his partnership with Giumarra, Mora sold his nectarines to another packer in 2023, prompting the breach of contract lawsuit from Giumarra. Since then, Mora has been unable to sell his nectarines commercially, leading him to distribute the fruit freely at his farm. He has given away over 45,000 kilograms of nectarines and raised more than $17,000 through a crowdfunding campaign.
The legal dispute also involves questions about the nature of the rights held by Giumarra. While Mora’s attorneys argue the company represented the Monalise nectarine as an exclusive patented variety, Giumarra maintains that the fruit is not covered by a U.S. plant patent. In May, Fresno County Superior Court Judge Jon Skiles ruled that Giumarra’s contract claim can proceed regardless of the existence of a patent, noting that the sublicensing agreement’s validity does not depend on patent status.
Mora, who also cultivates peaches and plums outside of the contested agreements, says the prolonged litigation has been demoralizing and has cost him roughly a quarter of his income from nectarines. He hopes the case will lead to stronger protections for farmers. Giumarra stated it will allow the evidence to be reviewed during the upcoming trial.
Meanwhile, community members have shown support by helping distribute the free nectarines, donning shirts that read “No Nectarines Wasted.” Mora described the public response as the “only saving grace” amid his ongoing legal challenges.