Abbate Family Farms, Ltd. v. G D Fresh Distributing, No. 1:12-cv-0303 LJO-BAM, 2012 U.S. Dist. LEXIS 82116 (E.D. Cal. Jun. 13, 2012)

(plaintiff supplier brought action under Perishable Agricultural Commodities Act (PACA) against defendant buyer and its owner for cost of produce accepted by buyer but not paid; defendant failed to answer petition and plaintiff brought Motion for Default Judgment in district court; court found service was properly given and allegations of PACA trust adequately pled; court held the following facts taken as true: plaintiff sold perishable produce through interstate commerce to defendant, statutory notice was provided of trust, but full payment was not received; plaintiff, however, failed to adequately plead facts establishing that individual liability should attach to defendant’s owner; plaintiff failed to allege specific facts regarding improper control of PACA assets relying instead on conclusory statements of breach of fiduciary duties and fraud; district court declined to enter judgment against owner individually, but allowed default against buyer corporation; court entered default judgment in amount of principal, contractual pre-judgment interest, post-judgment interest, and court costs against defendant corporation).