11444 W. Olympic Blvd. 10th Floor
Los Angeles, CA 90064-1557
April 19, 2006
Via Federal Express
Re: Bee Trespass/Nuisance Damage to Paramount Clementine Crops
To Whom it May Concern
I am litigation counsel to Paramount Citrus Association (“Paramount”),
Paramount is the owner of a parcel of property, which contains Clementine mandarin orchards (“Property“).
It has come to my attention that you have placed bee hives, or allowed bee hives to be placed in an open field adjacent to and about ½ mile from Paramount’s Property. Please take notice that the close proximity of these bees to the Property threatens to devastate Paramount’s Clementine mandarin crop, and cause substantial monetary damage.
As you may know, it is well-established that bees will forage for great distances, often two, three, four and even seven mile from their hive. As you also may know, Clementine mandarins produce a large amount of seeds when bees are present, and, in today’s market, seedy Clementines yield only a small fraction of the price of seedless Clementine mandarins. In addition, even a small number of seedy fruit can cause tremendous damage by not only damaging the affected fruit, but also making the remaining fruit suspect since it is impossible to tell which fruit have seeds and which do not. Thus, only a small intrusion by bees can destroy the value of an entire crop.
While we appreciate that bees are sometimes necessary to assist in the pollination of other crops (besides Clementine mandarins, which are self-pollinating), we believe that the bee hives in this instance have been placed dangerously close to Paramount’s Property. We also believe that the hives have been, or will be, left in their present unsafe location for far longer than necessary in order to aid in pollination – solely for the purpose of making honey, in part from our Clementine mandarin orchard.
Paramount has invested a substantial sum of money, time and effort in developing the Clementine mandarin industry and takes great pride in bringing the very best quality seedless fruit to its consumers. Paramount will not tolerate any damage caused by bees that trespass and interfere with Paramount’s use and enjoyment of its land, and threaten to destroy its crop.
Accordingly, Paramount hereby demands that you immediately move your bee hives a minimum of two (2) miles away from Paramount’s Property. If you fail to do so by no later than the close of business on Friday, April 21, 2006, we will have no choice but to immediately take legal action against you, including filling suit against you for negligence, trespass, nuisance and other claims. Should such action become necessary, please be advised that Paramount will seek injunctive relief, compensation for any and all damages caused to its crops, as will as punitive damages.
This letter is not, and is not intended to be, a complete or exhaustive statement of all of Paramount’s rights or claims. Nothing contained herein shall be deemed a waiver of any of Paramount’s rights or remedies, all of which are hereby expressly reserved.
Very truly yours,
Andrew E. Asch