Fantozzi Bros. v. San Joaquin Tomato Growers, Inc. 201 Cal. App. 4th 330 (Cal. Ct. App. 2011)

(trial court determined that defendant, provider of labor in joint venture with plaintiff with respect to tomato crop, not liable for loss of part of the tomato crop; defendant responsible for selling the tomatoes on commission basis with parties splitting net proceeds; joint venture agreement did not make defendant a commission merchant under state law because defendant had no ownership interest in tomatoes; defendant not required to be licensed as commission merchant; state law licensing requirements for commission merchants applicable only to sales of produce of another producer).

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