A berry breeding company that counts leading experts and produce companies in its ranks has filed a lawsuit against the University of California (UC), claiming UC Davis has "decimated" a statewide strawberry breeding program.

California Berry Cultivars, LLC (CBC) filed the lawsuit on May 2, listing claims against the UC for alleged breach of contract, conversion, breach of fiduciary duty, breach of the implied covenant of good faith and fair dealing, and unfair competition.

"The filing of the complaint 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," CBC said in a release.

"Two of the CBC members are Drs. Doug Shaw and Kirk Larson, the celebrated former UC strawberry breeders who for over 30 years have helped maintain California prominence through their inventions of successful, publicly available breeds of strawberry varieties.

"CBC members came together after it was apparent that UC Davis officials had orchestrated a collapse of protocols and precedents in what should have been a well-conceived strategy of succession for the UC’s strawberry breeding program."

Through the lawsuit, the company hopes to discover why UC Davis administrators have denied the breeders rights and access to their own inventions of strawberry plant breeding material.

"UC officials have misled the industry and CBC members into believing that the core collection of strawberry breeding materials have been safeguarded and properly maintained," the company said.

"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 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."

The company complains the university has damaged both the commercial viability of its members and the industry, by allegedly mismanaging one of the "most prolific and successful public-private partnerships in U.S. Land Grant history".

"The company seeks equitable and monetary relief for injuries that have been, and will continue to be, caused by the UC’s incompetence and unlawful conduct," CBC said.

Additional CBC partners include California Giant Berry Farms, principals at Orange County Produce, LLC, International Semillas, Rod Koda, Daren Gee and Lassen Canyon Nursery.

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