GSDAR files lawsuit against its sister REALTOR® Associations and Sandicor

Updated 3/6/2017 (updates below)

Introduction

This page has been established to provide information for members seeking to know more about the litigation filed by the Greater San Diego Association of  REALTORS® known as (SDAR) or (GSDAR) against its two smaller sister REALTOR®  associations in San Diego County and also against the Sandicor multiple listing service owned by the three associations. 


"These types of actions can devalue the REALTOR® brand and what we do in the eye of clients we serve. The National Association of REALTORS® and the California Association of REALTORS® each provide venues for dealing with inter-association disagreements. Taking costly legal action can lead to loss of direction and hinder us from our purpose, which is to serve our membership." - 2016 PSAR President Anthony Andaya

The links and information below are from the public domain. PSAR does not agree with or disagree with the news and information reported here. We simply want to share what is in the public realm with our members and other interested parties. When fellow REALTORS® sue fellow REALTORS® we find it disheartening.

Read this primer for background on the case and governance provided by Sandicor
C.A.R. Issues Briefing Paper from March 2015 on statewide MLS initiative
CAR Letter to the members regarding the profit motive of MLS's in the state.

Updates:

4/20/17 Ruling on demurrer
4/14/17 Reply in Support of Plaintiff's demurrer
4/11/17 Opposition of SDAR to Plaintiff's demurrer to the 1st Amended Complaint in Intervention.
3/10/17 Request for Judicial Notice in Support of Plaintiffs' demurrer to SDAR's first amended complaint in intervention
3/6/17 SDAR Leadership delays and asks to reschedule Early Neutral Evaluation Conference to go to France.
2/20/17 Sandicor files cross complaint
1/31/17  Early  Neutral Evaluation Conference date set for March 14th to permit an informal discussion between the attorneys, parties, and the settlement judge to achieve an early resolution.
the settlementjudge ofevery aspect ofthe lawsuit in an effort to achieve an early resolution
1/30/17 SDAR amends its response to PSAR's & NSDCAR's suit to dissolve Sandicor.
1/10/17 PSAR and NSDCAR files an answer to the court regarding anti-trust complaint
12/20/16 SDAR releases misleading press release and letter to members.
12/19/16 After three failed attempts, Judge denies PSAR and NSDCAR's motion to dismiss and allows SDAR to go forward with its anti-trust claims.
12/12/16 Reply to Opposition to Motion to Dismiss filed by NSDCAR & PSAR
11/29/16 PSAR files Memorandum of points and authorities in support of plaintiffs' demurrer to San Diego Association of REALTORS®’S complaint in intervention.  SDAR lacks the voting power to invoke a purchase of Sandicor shares. SDAR's interpretation of the corporate code is incorrect. Also Declaration of Frederick K. Taylor in support of Plaintiff's request for judicial notice in support of plaintiffs' demurrer to SDAR's complaint in intervention. Includes Shareholder agreement and other documentation.
10/26/16 The Real Daily Story
10/26/16 Inman write up (Behind Paywall)
10/26/16 SDAR releases this statement: Sandicor Future and Future Service 
10/26/16 PSAR forms this FAQ
10/25/16 PSAR and NSDCAR file a complaint in Superior Court of California for the involuntary dissolution of Sandicor
9/26/16 PSAR and NSDCAR files motion to dismiss SDAR's 3rd amended complaint.
9/13/16 Industry comments on forum
9/5/16 SDAR After being dismissed twice, SDAR files a 3rd amended complaint.
8/22/16 Judge grants motion to dismiss (again). SDAR is permitted to amend its complaint a third time.
8/16/16 PSAR & NSDCAR Reply to SDAR's Oposition.
6/27/16 PSAR and NSDCAR file motion to dismiss SDAR's 2nd Amended Complaint.
6/8/16 SDAR files a 2nd Amended Complaint
5/25/16 The Court dismisses antitrust claims, and is giving SDAR an opportunity to amend those claims. The court maintained its denial of PSAR's/NSDCAR's motion for attorney’s fees.
5/12/16 Court notice of tentative ruling: granting PSAR/NSDCAR's motion to dismiss the antitrust claims, and denying motion for attorneys fees.1/15/16 PSAR learned about the lawsuit in an article about the case here. (Inman News behind Paywall)
5/9/16 Sandicor File response regarding motion to dismiss.
5/2/16 SDAR filed Opposition to Sandicor’s and PSAR/NSDCAR's motions to dismiss and to NSDCAR/PSAR’s motion for attorney’s fees
4/12/16 Sandicor files a noticedeclaration and motion to dismiss for failure to state a claim upon which relief can be granted.
3/25/16 SDAR discards old complaint and files new complaint with courts ignoring issues related to first complaint.
3/25/16 Sandicor releases statement providing facts related to SDAR's delay in approving MLS upgrades.
3/23/16 SDAR signs the motion to move the upgrade of the Sandicor servers forward after long delay.
3/22/16 SDAR President released this statement .
3/19/16 PSAR and NSDCAR release a statement regarding issues with MLS Hardware "Your MLS is in Jeaopardy"
3/4/16 Sandicor Files a Motion to Dismiss with the Courts.
2/10/16 WAV Group Blog post about California Regional MLS's Breaking Up.
1/28/16 Listing Service Conflict Results in Lawsuit SDBJ (Behind Paywall)
1/20/16 Sandicor's announcement to subscribers
1/19/16 PSAR was served the lawsuit. A copy of the lawsuit filed can be found here.
1/15/16 PSAR's President Anthony Andaya posted a response for PSAR's members
1/15/16 SDAR oposes a data-share agreement between Sandicor and CRMLS
1/15/16 SDAR President Cory Shepard Announces SDAR'S reasoning for suing it MLS and sister associations 
1/13/16 Sandicor Announces a data-share agreement with CRMLS to provide Sandicor agents access to CRMLS listings in San Diego and the rest of the CRMLS footprint

PSAR's remains focused on our mission to enhance the real estate profession, to protect private property rights and improve the regulatory environment.

Statements, news, and information released from other associations  and news outlets are not the views of the Pacific Southwest Association of REALTORS  information and links are provided to provide information on this issue for parties interested in understanding what various parties are disseminating to the public.
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Richard D'Ascoli,
Nov 29, 2016, 10:37 AM
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Richard D'Ascoli,
Dec 20, 2016, 11:10 PM
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Richard D'Ascoli,
Mar 24, 2016, 1:09 PM
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Richard D'Ascoli,
Mar 14, 2017, 2:01 PM
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Richard D'Ascoli,
Aug 30, 2016, 6:18 PM
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Richard D'Ascoli,
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Richard D'Ascoli,
Mar 24, 2016, 2:14 PM
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Richard D'Ascoli,
May 25, 2016, 4:57 PM
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Richard D'Ascoli,
May 2, 2016, 12:28 PM
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Richard D'Ascoli,
Sep 26, 2016, 8:15 PM
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Richard D'Ascoli,
Oct 25, 2016, 3:19 PM
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Richard D'Ascoli,
Aug 22, 2016, 8:57 PM
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Richard D'Ascoli,
May 2, 2016, 12:28 PM
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Richard D'Ascoli,
May 2, 2016, 12:28 PM
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Richard D'Ascoli,
May 11, 2016, 6:49 AM
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Richard D'Ascoli,
May 11, 2016, 6:47 AM
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Richard D'Ascoli,
May 11, 2016, 6:46 AM
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Richard D'Ascoli,
Dec 13, 2016, 6:32 PM
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Richard D'Ascoli,
Nov 11, 2016, 7:15 PM
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Richard D'Ascoli,
Nov 11, 2016, 7:15 PM
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Richard D'Ascoli,
Nov 11, 2016, 7:13 PM
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Richard D'Ascoli,
Mar 14, 2017, 1:44 PM
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Richard D'Ascoli,
Oct 26, 2016, 7:59 PM
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Richard D'Ascoli,
Apr 5, 2016, 11:50 AM
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Richard D'Ascoli,
Oct 26, 2016, 9:05 PM
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Richard D'Ascoli,
Dec 20, 2016, 11:09 PM