BOW v. Ballantine

Bank of the West v. Ballantine Produce Co. et al.,

09CECG01818, Superior Court of California, County of Fresno

Bank of the West (“BOW”) filed an action against Ballantine Produce Company and the primary Guarantor claiming it was owed over $18,000,000 in secured and unpaid debt. This demand was more than the company was worth as it was essentially out of business, and BOW thus sought the repayment directly from the Guarantor of the loan. The defendants retained FBBC to defend their interests. After careful strategic analysis, FBBC counterclaimed against BOW on behalf of its clients alleging fraud and interference with Ballantine’s business by BOW. On the eve of trial, after losing its Motion for Summary Judgment filed against Ballantine and the Guarantor, BOW agreed to settle the case by providing free and clear real property and other consideration valued, net, at over $15,000,000.

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