Ryan Erickson v. Countrywide Home Loans Inc

Good Law
540 F. App'x 799
United States Court of Appeals for the Ninth CircuitOctober 4, 201311-35315California510 words

Opinion

Opinion

MEMORANDUM

Ryan Shawn Erickson appeals pro se from the district court’s judgment dismissing his action arising out of foreclosure proceedings. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. King v. California, 784 F.2d 910, 912 (9th Cir.1986). We affirm in part, vacate in part, and remand.

The district court properly denied Erickson’s motion to remand because the district court had federal question jurisdiction over Erickson’s federal claims and supplemental jurisdiction over his state law claims that were part of the same case or controversy. See 28 U.S.C. § 1381 (federal question jurisdiction); id. § 1867(a) (supplemental jurisdiction); id. § 1441 (removal jurisdiction); Ramirez v. Fox Television Station, Inc., 998 F.2d 743, 747 (9th Cir.1993) (setting forth standard of review).

The district court properly dismissed Erickson’s claims under the Racketeer Influenced and Corrupt Organizations Act (“RICO”) because Erickson failed to allege specific facts showing a pattern of racketeering activity. See Sanford v. Member-Works, Inc., 625 F.3d 550, 557-58 (9th Cir.2010) (discussing elements of a.RICO claim and particularity requirements of Fed.R.Civ.P. 9(b)).

The…

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