Codding
Ernest W. Hahn, Inc. v. Codding
Opinion
Opinion
Schwarzer, J.
ORDER DISMISSING COMPLAINTS
In view of the recent decision of the Ninth Circuit in Franchise Realty Interstate Corp. v. San Francisco Culinary Workers, 542 F.2d 1076 (1976), this Court issued an order directing plaintiffs in Hahn v. Codding, C-75-2706, and Codding v. Hahn, C-76-2424 (originally filed as a counterclaim), to show cause why their complaints should not be dismissed. Responsive to the order, each side has submitted briefs, and factual material, and has moved to dismiss the other’s complaint.
I. THE HAHN COMPLAINT
In this action, plaintiff Hahn, a developer and operator of shopping centers, sues defendant Codding, a competing developer and operator, for violation of the antitrust laws. The substance of the antitrust charges is found in paragraphs 12 and 14 of the complaint:
The complaint further alleges that as a proximate result of this conduct:
Hahn’s complaint attempts to state a claim for a violation of the antitrust laws under the “sham” exception of the NoerrPennington doctrine. Those cases established that joint efforts to influence public officials, activities which by their very nature are protected by the First Amendment, do not violate the antitrust laws…