Classen

The builder (Classen) appeals from summary judgments in favor of the developers Weller (Weller) and Hillsborough Development Corporation (HDC), and the broker, Fox & Carskadon (Fox), that denied relief on Classen’s cross-complaint for damages under the Cartwright and Sherman (Bus. & Prof. Code, § 16700 et seq., 15 U.S.C. § 1 et seq.) antitrust acts.

On appeal, the major questions are whether Classen alleged compensable damages and is a member of the class.

For the reasons set forth below, we reverse with directions.

The Record

Weller, HDC and Fox denied every factual allegation of Classen’s cross-complaint. Our facts are based on the admissions, declarations, and uncontested deposition transcripts properly included in the record.

Classen was asked by a client, Mr. Smith (Smith), to build a home on a lot in the exclusive Hillsborough real estate development known as “TobinClark.” This lot was owned by HDC; Weller was president of HDC. Smith liked the lot, but was told by Weller that lots in Tobin-Clark would only be sold to builders and that the sale had to go through Fox. Weller subsequently also told Classen that the lot could only be sold to a builder, and that the…