David Devoto and Charles F. Volk v. Pacific Fidelity Life Insurance Company and Bankers Mortgage Company of Calif.

This is an appeal from a judgment for damages entered against the defendants (appellants here) on two separate claims, each presenting significant questions for our decision. The first claim was based on section 1 of the Sherman Act. 15 U.S.C. § 1 (1976). The second, arising out of the samé transaction, alleged a pendent state claim for tortious interference with prospective business advantage. The appeal as to that aspect of the case raises an interesting question, apparently one of first impression under California law, concerning essential elements in the definition of the tort. We previously reversed a summary judgment of dismissal granted in favor of the defendants on the antitrust claim. DeVoto v. Pacific Fidelity Life Ins. Co., 516 F.2d 1 (9th Cir.), cert. denied, 423 U.S. 894 , 96 S.Ct. 194 , 46 L.Ed.2d 126 (1975) (DeVoto I). After a trial on remand the jury returned verdicts for the plaintiffs on both claims with damages (before trebling on the antitrust count) of $109,375. In this court the defendants challenge the judgment on each claim. The facts are set out in greater detail in DeVoto I. Briefly, the situation is as follows: Pacific Fidelity Life Insurance Company…