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Friday, May 24, 2024 | Back issues
Courthouse News Service Courthouse News Service

Italian Olive Oil Co. Loses Bid to Quash Complaint

(CN) - A California food wholesaler can sue an Italian olive oil company in U.S. courts for allegedly failing to ship 12,000 cases of olive oil, a state appeals court ruled.

The 3rd District Court of Appeals reversed an order quashing the case in California, saying Oleificio F.LLI Amato made enough sales in California to defend the case there.

Luberski Inc. said it ordered $406,000 worth of olive oil from Amato, but never received the shipment or heard back from the Italian company.

"This is not a case of California tourists bringing olive oil home from Italy," Justice Ikola wrote. "Amato received the purchase order and was presented with the option of completing a substantial transaction with a California entity in California, which required delivery of goods to California. Amato opted to accept this order."

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