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Courts in various jurisdictions have designated Richard Nagaoka as an expert authority
in a wide range of litigation involving wine grapes. He has testified before a jury
and the bench and has been deposed in cases arising in Napa, Sonoma, San Luis Obispo,
Yolo, San Joaquin, and Santa Barbara counties. His areas of legal expertise include:
- Property condemnation.
- Grape purchase agreements and breech of promise.
- Irrigation issues and annual water use estimates.
- Vineyard soil and water suitability.
- Crop loss from off-site herbicide drift.
- Safe agricultural spray practices.
- Pest and disease effects on vineyard productivity and longevity.
- Determination of reasonable yields by variety, region, and soils.
- Effects of vineyard cultural production practices on the environment.
Nagaoka is retained by litigants who recognize his three decades of experience as a
viticultural consultant and extensive familiarity with all aspects of vineyard development
and operation, whether in relation to production, pests and disease, or new vineyard
development and feasibility. As a licensed California wine grape broker, he is also
familiar with wine grape price and market issues.
Nagaoka employs investigative skills and scientific methods in gathering evidence to
ensure that his deductive conclusions are solidly supported by factual data. Having
published or co-published scientific papers on various vineyard problems including
phylloxera spread and the effects of thinning and rootstock on grape yield and wine
quality, he is well qualified to develop the scientific data necessary to support his
expert testimony.
Nagaoka conducts ongoing research for national pesticide researchers regarding the
efficacy of fungicides, nematicides, and phylloxera controls in wine grapes, apples, and
walnuts. He has initiated, developed, and implemented contract efficacy and residue
trials for Dow AgroSciences, Mycogen, Elanco, Uniroyal, Unocal, and Zeneca at
various vineyards and orchards.
Nagaoka's expert witness and consulting projects have included the following:
| Client |
Event Location/Date |
Dispute |
CalTrans
Legal Department |
Lodi and Coachella Valley, 1997-current |
Effects of Garlon herbicide drift on wine grape yields, and evaluation of
growers' claims of crop losses. |
| CA Dept. of Water Resources |
Edna Valley, 1998-current |
Impact of impaired subsurface drainage on
vineyards in San Luis Obispo County. |
| Coldwell Banker |
Napa and Lake Counties, 1998 |
Effects of adverse soil magnesium on viability and yields in vineyards. |
| Sanitation District, Sonoma County |
Carneros, Sonoma County, 1990 |
Land valuation dispute turning on possible
suitability of condemned saline tidelands for vineyard use. |
| Nuns Canyon Vineyard |
Kenwood, Sonoma County, 1990 |
Water rights dispute involving determination of
vineyard irrigation requirements. |
| Leeward Winery |
Edna Valley, 1989 |
Breech of grape delivery contract. |
| Joseph Phelps Winery |
Napa County, 1985 |
Evaluation of agricultural spray operation following bicyclist's personal
injury claim. |
Receipt of a signed retainer and a fifty percent advance against the
estimated investigation fee are customary to initiate services and are considered
authorization to undertake and complete the assignment. Invoices for outstanding
balances will be submitted monthly and are due upon receipt. Invoices not paid
within thirty days are deemed past due and are subject to a late payment fee equal to two
percent (2%) per month on the unpaid balances.
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©1999 by The Grape Doctor, Richard T. Nagaoka,
Viticultural Consultant
1171 Edwards Street, St. Helena, CA, 94574-1208, USA -- www.grapedoctor.com --
www.grapebroker.com
Email: grapedoctor@grapedoctor.com
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