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apricots. To assess the damage, JTF hired Neil Phillips
(Phillips), an agricultural consultant employed by Rush, Marcroft
and Associates, a firm specializing in forensic agronomy.
In June 1999, petitioner participated in a meeting (June
meeting) with, among others, John Taylor, Phillips, Pellegri Jr.,
Don Giannecchini (Giannecchini), a representative of JTF, and
Steve Bogetti (Bogetti), an owner of a packaging company. At the
June meeting, Phillips and Bogetti estimated that the damage to
the apricots on petitioners’ farm was $105,000.
Between June and November of 1999, Mrs. Miller telephoned
Giannecchini and other representatives of JTF and advised them
that the Pellegris were not authorized to make a settlement on
behalf of petitioners and that in the event of a settlement
petitioners should receive the proceeds directly from JTF.
In November 1999, Pellegri Sr. visited petitioners at their
home and informed them that he had negotiated a settlement with
JTF concerning the damage to the apricots. Pellegri Sr.
presented petitioners with a 4-page report written by Phillips,
including a calculation that the total damage was $36,973, and a
check dated November 1, 1999, for $11,091.90 (30 percent of
$36,973). There were no restrictions or conditions on the face
of the check. Pellegri Sr. told petitioners that the check
represented their share of the settlement proceeds from JTF
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