CALIFORNIA - Earlier this week the California Berry Cultivars, LLC (CBC) filed suit against the Regents of the University of California, claiming the body has breached its contract.
Filed on May 2, the grievance “represents the frustration of CBC members after more than three years of unsuccessful discussions and negotiations revolving around the systematic demise of the world famous UC Davis strawberry-breeding program,” according to a press release.
Specifically, the claim lists the following against UC Davis:
- Breach of contract
- Conversion
- Breach of fiduciary duty
- Breach of the implied covenant of good faith and fair dealing
- Unfair competition
According to the release, two of the CBC's celebrated members and former UC strawberry breeders, Drs. Doug Shaw and Kirk Larson, helped the program and the state of California maintain prominence with the invention of successful, publically available breeds of strawberry varieties for over three decades.
Now the claimant said its members hope to discover why UC Davis administrators have denied the breeders rights and access to their own inventions of strawberry plant breeding material through the lawsuit.
“For over three years, CBC has worked to re-invigorate the stalled strawberry-breeding program through efforts to obtain non-exclusive access to the core strawberry materials created by Drs. Shaw and Larson and now held by the UC,” the cultivar stated, claiming that the UC has mismanaged a successful public-private partnership. “The failure of UC Davis to establish a succession plan and the lack of continuity is creating hardships for all growers large and small who depend on improved strawberry varieties for their livelihoods.”
For what it says has damaged the commercial viability of its members, as well as the California strawberry industry, the CBC is reportedly seeking both equitable and monetary relief for past, current, and future injuries caused by these actions.
AndNowUKnow will keep you up to date on this story as it continues to develop.
