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acres to Jojoba Development Partners, Ltd. II (JDP-II), a limited
partnership formed by Berberich in 1982. HJI also developed an
additional adjacent 40-acre field of jojoba for JDP-II.10
Berberich spoke with Whittaker regularly by telephone and
visited the Hyder Jojoba plantations once or twice a year. In
addition, he spoke with her at the international jojoba
conference held in Tucson, Arizona, in 1982, and at a seminar
held in Los Angeles, California, which was sponsored by the
Arizona Growers Association. In addition, on occasion Whittaker
sent to Berberich written progress reports or other
correspondence related to jojoba and the jojoba plantations
purportedly allocated to JDP and JDP-II. Berberich periodically
reported to the JDP limited partners on matters relating to the
partnership.
When acquired, Turtleback I was a raw parcel of land.
During January and February 1982, the field was surveyed, cleared
of brush, and laser graded. A water delivery system was
installed and one-half mile of concrete ditch was laid. During
March the field was prepared for planting by ripping, land-
planing, listing (plowing), pre-irrigating, and relisting.
Turtleback I was planted with jojoba seed on March 19, 1982. For
that purpose, HJI used seed only from native jojoba plants that
10 In addition to JDP and JDP-II, HJI managed jojoba
plantations, and served as research and development contractor,
for at least 3 other designated research and development
partnerships in Hyder, Ariz. The record does not reveal who
promoted or served as general partner of those partnerships.
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