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CAR’s malicious prosecution suit to proceed

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A malicious prosecution complaint filed by the California Association of Realtors against attorney David Barry and his client can proceed to trial, after a decision denying Barry's motion to dismiss the case was affirmed by a state appeals court. CAR filed suit against the San Francisco attorney and his client, former Realtor Arleen Freeman, in September 2005, after successfully defending itself in two antitrust cases. The lawsuits alleged antitrust violations and price fixing by a San Diego-area multiple listing service run by five local Realtor associations, which were CAR members. The association claims Barry has filed more than a dozen lawsuits against CAR and other Realtor groups, winning only one judgment on a "narrow legal issue" regarding a settlement. Tuesday's ruling by the Fourth Appellate District of the California Court of Appeal upholds a previous decision by a San Diego Superior Court Judge that CAR's lawsuit against Barry and his clients is not precluded by the state...