Pistachio growers sued Duarte Nursery over defective trees. Where does case stand?
Duarte Nursery of Hughson stopped selling defective pistachio trees in 2014, but litigation over the matter goes on.
Several plaintiffs claimed the nursery did not disclose a genetic disorder that caused more than half a million trees to grow poorly. The defendants include company President John Duarte, who is running for Congress in the Nov. 8 election.
Judge John Freeland ruled in the growers’ favor in Stanislaus County Superior Court in March but has yet to hear arguments on monetary damages. The ruling cites at least $8.8 million in losses claimed by the growers.
The disorder is called bushy top syndrome, previously unknown in the pistachio belt from Merced to Kern counties. It causes trees to have stunted roots and branches and to produce fewer nuts than healthy trees of the same age.
John Duarte told The Modesto Bee in 2015 that the syndrome resulted from a genetic mutation at the nursery. He also said he had reached legal settlements with most of the affected growers and hoped the others would follow.
“We want to work with our growers as much as we can,” Duarte said at the time. “We want to maintain goodwill in the industry.”
The terms of the settlements were not disclosed. Duarte could not be reached for comment on the current litigation, filed in 2015.
‘A deceitful charlatan,’ Democrats say
Duarte, a Republican, faces Democrat Adam Gray in the Nov. 8 election in the new 13th Congressional District. It takes in all of Merced County and parts of Stanislaus, San Joaquin, Madera and Fresno counties.
The Democratic Congressional Campaign Committee, which promotes party members nationwide, seized on the lawsuit in an email Tuesday to The Bee.
“Multi-millionaire John Duarte is a deceitful charlatan who believes he is above the law and is out for himself no matter the costs to others,” spokesperson Maddy Mundy said. “John Duarte has already cost Valley farmers enough; they cannot afford his broken priorities in Congress.”
The nursery is a leading seller of young trees and vines for fruit and nut growers in California. It produces the young plants, known as rootstock, through cloning.
The plaintiffs are 18 people and farming companies claiming problems with Duarte rootstock purchased from 2011 to 2014. Freeland agreed with their claim that the nursery is responsible for the bad trees.
“Because the (Duarte) rootstock is weaker than healthy pistachio trees, trunks sometimes break when shaken during harvest,” the judge wrote. “The wind has also blown down some of the trees due to their abnormal root growth.”
One plaintiff bought 409,500 trees
The biggest claimed loss by far was the 409,500 trees sold to Rod Stiefvater for orchards in Tulare and Kern counties. Complaints involving 65,409 trees were filed by Laborde Land Co. in Kern. Marchini & Son sued over 42,000 trees in Merced County. Various members of the Nichols family did the same over 33,900 trees in Kings County.
Pistachios were the fourth highest-grossing farm product in the state as of 2020, at $2.87 billion, the California Department of Food and Agriculture reported. Milk was first, followed by almonds and grapes.
Pistachios are among the “miscellaneous” plantings in the 2020 crop report for Stanislaus County. The acreage and income were not detailed.
This story was originally published August 10, 2022 at 7:00 AM.
