Winery Seeks Damages from Bottle Maker
Francis Ford Coppola Presents, LLC has filed a complaint in a California court against a company that makes corks, screw caps, bottles, and other packaging, alleging that defects in the bottles and screw caps purchased for the winery’s Encyclopedia® collection of wines caused the degradation or destruction of 55,000 cases of wine. Francis Ford Coppola Presents, LLC v. Vinocor USA, Inc., No. 26-50585 (Cal. Super. Ct., Napa Cty., filed November 23, 2009). The winery alleges breach of contract, the implied covenant of good faith and fair dealing and the implied warranty of fitness; fraud in the inducement; negligent misrepresentation; negligence; and “for money had and received.”
According to the complaint, the affected wine collection “was crafted and designed to be a collection of wines aimed at educating consumers on understanding how geography, history, food and religion, to name a few, all contribute to the making and enjoyment of wine. In order to produce the Encyclopedia collection, Plaintiff’s winemaking team traveled the world in search of varietals that best represented the culture and traditions of different winegrowing regions.” The plaintiff seeks to recover the $685,000 it paid under the contract, as well as lost profits, consequential and incidental damages, punitive damages, attorney’s fees and costs.
