Bernstein

United Multiple Listing Service, Inc. v. Bernstein

Good Law
134 Cal. App. 3d 486·184 Cal. Rptr. 465·1982 Cal. App. LEXIS 1788·1982 Trade Cas. (CCH) 64,987
Court of Appeal of CaliforniaJuly 9, 1982Civ. 63749California894 words

Opinion

Opinion

Compton, J.

United Multiple Listing Service, Inc. (UMLS), a nonprofit corporation is an organization comprised of real estate brokers doing business in a designated geographical area of Los Angeles County.

UMLS instituted a declaratory relief action to determine the validity of its action in terminating the membership in UMLS of Edward Bernstein, a real estate broker.

Bernstein answered and cross-complained for injunctive and other forms of relief claiming essentially that the membership contract between UMLS and its members is a contract of adhesion and that certain provisions contained therein violate the Cartwright Act (Bus. & Prof. Code, § 16700 et seq.) and the Sherman Anti-Trust Act ( 15 U.S.C.A. § 1 et seq.).

After sustaining without leave to amend a demurrer to those counts of the cross-complaint alleging the antitrust violations, the trial court entered judgment in favor of UMLS on its complaint for declaratory relief. Bernstein has appealed. We affirm.

The bylaws under which UMLS conducts its affairs contain a provision requiring members to submit disputes between themselves over fees and commissions to an arbitration procedure established by those same bylaws. Another…

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