Gutierrez

ORDER DENYING DEFENDANT COLONIAL BANK’S MOTIONS TO DISMISS AND MOTION TO COMPEL MORE DETAILED RICO CASE STATEMENT

I. Case Type and Jurisdiction

This case is a class action brought on behalf of all class-member judgment creditors in the “Gutierrez Class,” as certified in an earlier California state court action and by this Court. The class members seek to pursue their remedies against defendants under the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. §§ 1961-1968 and California statutory and common law. Plaintiffs seek treble damages, costs, and attorneys’ fees. The Court has subject matter jurisdiction over RICO suits pursuant to 18 U.S.C. § 1964 (c), and over the state law claims through supplemental jurisdiction under 28 U.S.C. § 1367 .

II. Background

There are four named plaintiffs and twenty-one defendants. The named plaintiffs and the approximately 29,000 class members were members of a state class action suit who obtained judgment against Defendant Charles J. Givens for false statements and misinformation regarding membership in the Charles J. Givens Organization, Inc. Of the twenty-one defendants, eleven are people and ten are business entities…