A U.S. District Court in California on May 1 denied a motion to dismiss a lawsuit by an Italian kiwifruit exporter against Trinity Fruit Sales Co.

The court said the plaintiff, Martini e Ricci SPA, filed an amended complaint in April and thus the defendant’s motion to dismiss the lawsuit was moot.

The Italian company filed the lawsuit Feb. 25, claiming Trinity Fruit, Fresno, Calif., owed the Italian kiwifruit supplier $139,187 for a breach of contract. Lawyers for the two companies could not be reached for comment on May 2.