Former fed Judge Oliver Wanger earns victory
BY PABLO LOPEZ The Fresno Bee
FRESNO -- In his first trial since leaving the federal bench, Fresno attorney Oliver W. Wanger scored a knockout Monday for his client, Paramount Farms, when a judge abruptly ended a lawsuit against the farming giant.
The civil dispute in Fresno County Superior Court pitted Paramount Farms against a much smaller company, Primex Farms, over an alleged water-for-pistachios deal.
Wanger argued that Primex missed the statute of limitation to file the lawsuit against Paramount. Fresno County Superior Court Judge Donald Black agreed, ruling Monday that Primex had until 2009 to file its lawsuit but didn't do it until March 2010.
The ruling ended a jury trial that began last week and was expected to last four to six weeks.
For Paramount, Wanger, in his first trial since leaving the U.S. District Court, helped pick the jury, questioned witnesses and did the closing argument that led to the judge's verdict.
The only phase Wanger didn't do was the opening statement. That was handled by an associate, attorney Kristina Diaz.
Efforts to speak with attorney Walt Whelan, who represented Primex, were not immediately successful Monday. In opening statements last week, Whelan told the jury that Primex owner Ali Amin didn't know all the facts about the water-for-pistachio scheme until August 2008.
On cross-examination, however, Amin admitted that in 2007 he talked to four processors who told him they were losing nut growers to Paramount over water, Wanger said Monday.
The trial was billed as David versus Goliath. Paramount Farms is the world's largest pistachio processor, packaging more than 500 million pounds a year. Wasco-based Primex Farms processes about 40 million pounds of pistachios a year, Amin said.
The lawsuit was a spin-off from a 2010 trial in which another jury awarded Primex $3.4 million in damages against Chaparral Farms for breach of contract. Chaparral failed to deliver its 2007 crop of pistachios to Primex as part of a three-year agreement.
In that trial, Whelan accused Paramount of enticing Chaparral to break the deal by selling water to Chaparral when water was scarce. In return for the water, Chaparral sent 5.5 million pounds of pistachios to Paramount instead of Primex, Whelan said.
The trial in Black's courtroom was supposed to dig deeper into the water-for-pistachios allegation against Paramount. A key witness was going to be billionaire Stewart Resnick, who owns Paramount. Because of Wanger's trial-ending move, Resnick no longer has to testify.
"It's pretty amazing," Wanger said of the trial's quick ending.






Most CommentedMost Popular
About two dozen protesters stood in front of Kern County Superior Court next to the Liberty Bell Thursday morning to make a statement about police brutality.
The death of a man in custody following a prolonged struggle with Kern County Sheriff's deputies and CHP officers and the subsequent fracas over confiscated witness cellphones have gained international attention and raised concerns here that the incidents could tarnish the county's emerging...
Sheriff’s investigators served a search warrant on Kern Medical Center and the Mary K. Shell Mental Health Center seeking medical records to find possible reasons for David Sal Silva’s behavior prior to and during his encounter with law enforcement, The Californian learned Friday.
The Kern County Sheriff's Office is out of control. That's one conclusion many people will draw based on the events of the past two weeks and in the context of recent years.
Blood stains are still visible on the sidewalk at the corner of Flower Street and Palm Drive, where a Bakersfield man struggled with as many as nine officers and later died this week.
Classes were canceled at Bakersfield High School Monday after three small bottle bomb explosions struck campus, authorities said.
David Sal Silva’s screams seem like they will never stop.
Responding to what he called a case that “has consumed the media and our community,” Kern County Sheriff Donny Youngblood said Tuesday he has asked the FBI to conduct a “parallel” investigation into the death of Bakersfield father of four David Sal Silva, who died May 8 after he was beaten by deputies.