Susan Polk v. John Polk

MEMORANDUM

Susan Polk appeals pro se the dismissal of her Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. §§ 1961-1968 , and civil rights conspiracy, 42 U.S.C. § 1986 , claims against various individuals who allegedly conspired to take control and liquidate for their own benefit the assets of her husband’s estate and a trust holding her real property. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998), and affirm.

There was no error in dismissing Polk’s RICO claims. Her complaint was filed outside of RICO’s four-year statute of limitations, and she alleges no facts supporting equitable estoppel or tolling. Grimmett v. Brown, 75 F.3d 506, 513 (9th Cir. 1996) (limiting “separate accrual rule” to “new and independent act[s] that [are] not merely a reaffirmation of a previous act”) (emphasis omitted). Polk’s claims also fail because she did not adequately allege that Defendants engaged in a pattern of “racketeering activity.” See 18 U.S.C. § 1961 (1) (exhaustive list of crimes that may constitute racketeering activity).

Polk’s § 1985 claims were properly dismissed. Polk did not allege…