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SAN FRANCISCO DESIGN CTR. ASSOC. v. PORTMAN CO.

Docket No. A059616.

41 Cal.App.4th 29 (1995)

38 Cal. Rptr.2d 270

SAN FRANCISCO DESIGN CENTER ASSOCIATES, Plaintiff and Appellant, v. PORTMAN COMPANIES et al., Defendants and Appellants.

Court of Appeals of California, First District, Division Three.

February 23, 1995.

Attorney(s) appearing for the Case

COUNSEL

Carey & Ready, Daniel J. Ready, Jr., John E. Carey, Jr., Musick, Peeler & Garrett, Louis S. Weller, Pillsbury, Madison & Sutro, Robert M. Westberg, Reginald D. Steer and David J. Saul for Plaintiff and Appellant.

Halley, Cornell & Lynch and Roger C. Peters for Defendants and Appellants.

OPINION

SIMONS, J.*

The competition privilege is an affirmative defense to the tort of interference with prospective economic advantage. We hold that to defeat the privilege plaintiff must prove defendants committed an unlawful or illegitimate act which is independently actionable.

FACTS1 AND PROCEDURAL HISTORY

In December of 1985, plaintiff San Francisco...

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