Freeman

Freeman v. SAN DIEGO ASSN. OF REALTORS

Good Law
1999 Cal. App. LEXIS 1117·77 Cal. App. 4th 171·91 Cal. Rptr. 2d 534·99 Daily Journal DAR 12867·2 Trade Cas. (CCH) 72,745
Court of Appeal of CaliforniaDecember 27, 1999D030553California12,685 words

Opinion

Opinion

McDonald, J.

Defendant Sandicor, Inc. (Sandicor) operates a real estate sales multiple listing service (MLS) covering San Diego County. Real estate agents pay a monthly fee to access Sandicor’s MLS listings. Plaintiff real estate agent Arleen Freeman filed this action, alleging that defendants Sandicor, San Diego Association of Realtors (SOAR) and several other real estate associations and individuals (collectively defendants) violated California’s antitrust laws by charging excessive fees for access to Sandicor’s MLS (the price fixing, tying and market exclusion claims) and refusing Freeman’s request to become a service center for Sandicor (the group boycott claim). Freeman’s lawsuit also asserted the excessive charges for MLS access violated an extant permanent injunction and entitled Freeman to damages. The trial court sustained defendants’ demurrers to Freeman’s third amended complaint and dismissed the action. Freeman timely filed a notice of appeal.

We evaluate whether the facts alleged by Freeman state causes of action against defendants.

I

Factual Background

A. The MLS !

The MLS is a computerized medium by which real estate agents exchange information on properties that…

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