Sanjay Bhardwaj v. Anupama Pathak

Good Law
668 F. App'x 763
United States Court of Appeals for the Ninth CircuitSeptember 2, 201613-17498California601 words

Opinion

Opinion

MEMORANDUM

Sanjay Bhardwaj appeals pro se from the district court’s dismissal of his Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. §§ 1961-1968 , 42 U.S.C. § 1983 , and state law claims against his ex-wife and numerous others who were involved in the state court-ordered sale of the family home and division of marital assets during his and his ex-wife’s dissolution proceedings. We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

1. We review de novo dismissals under Federal Rule of Civil Procedure 12(b)(1) and (6). Rhoades v. Avon Prods., Inc., 504 F.3d 1151, 1156 (9th Cir. 2007).

Bhardwaj’s claims against his ex-wife, her attorneys, the state court, the state court judge and commissioner, the court-appointed real estate agent, the sheriff who evicted Bhardwaj, the buyers of the home, and the escrow holder are almost entirely based on, or “inextricably intertwined” with, the state court’s alleged legal errors and lack of jurisdiction to order the sale. Noel v. Hall, 341 F.3d 1148, 1158 (9th Cir. 2003). There was no error in dismissing those claims because adjudicating those claims would have required the district court to review the state court’s…

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