REAL ESTATE

Residents of Coto de Caza, who are suing a developer in a spat over the recreation club and golf course in the upscale development, got an early Christmas present: An Orange County Superior Court commissioner on Christmas Eve rejected the developer’s argument that the suit should not be a class action.

About 650 club members are asking for $10 million in damages from developer Coto de Caza Ltd., which residents contend reneged on a June agreement about use of the club and golf course.

The dispute started earlier this year when the developer wanted to charge residents an additional fee to use a new golf course. Residents said that they had already paid a fee to use the recreation club and that the fee also entitled them to use the new golf course under their sales agreements with the developer.

After reaching an accord in June, the residents now complain in their suit that Coto de Caza Ltd. is reneging on some terms of the agreement, said Kenneth S. Kasdan, a resident of the development and one of the attorneys representing club members.

Coto de Caza Ltd. and general partners Arvida Corp. and Chevron Land Development Co. have 30 days in which to file a response to the suit, Kasdan said.