John Rezner v. Unicredit Bank Ag

MEMORANDUM

John Rezner appeals the district court’s orders dismissing his claim under the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. §§ 1962 et seq., and granting summary judgment to the defendants (collectively, “HVB”) on his claim made pursuant to California’s Unfair Competition Law (“UCL”), Cal. Bus. & Prof.Code §§ 17200 et seq. We have jurisdiction under 28 U.S.C. § 1291 and review both orders de novo. Hall v. City of Los Angeles, 697 F.3d 1059, 1067 (9th Cir.2012). We reverse the order dismissing the RICO claim, vacate the order granting summary judgment on the UCL claim, and remand for further proceedings. Because the parties are familiar with the factual and legal history of the case, we need not recount it here.

I

In the prior appeal in this case, Rezner v. Bayerische Hypo-Und Vereinsbank AG, 630 F.3d 866, 874 (9th Cir.2010) (“Rezner I ”), we reversed the district court’s grant of summary judgment in favor of Rezner. On remand, the district court construed our decision as an instruction to dismiss Rezner’s RICO claim.

The district court should have given Rezner an opportunity to present addition al evidence in support of his RICO claim…