United Energy Owners Committee, Inc., and Robert T. Gilleran v. United States Energy Management Systems, Inc.

I.

In No. 86-6050, plaintiffs appeal the dismissal of their second amended complaint which alleges, as the sole basis for federal jurisdiction, two causes of action under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961-1968 (1982). On May 19, 1986, the district court entered an order dismissing these claims for plaintiffs’ supposed failure to allege properly two elements of a RICO cause of action: (1) a “pattern of racketeering activity” and (2) an “enterprise.”

Plaintiffs also appeal dismissal of their pendent state law claims and the vacation of certain writs of attachment. The district court dismissed the state law claims and vacated the writs of attachment because it found that it had no independent basis for jurisdiction over these matters after it had dismissed the RICO claims.

The district court had jurisdiction over the complaint pursuant to 18 U.S.C. § 1964 (c) and the doctrine of pendent jurisdiction. We have jurisdiction over the judgment of dismissal pursuant to 28 U.S. C. § 1291. See California v. Harder, 700 F.2d 1217 , 1218 (9th Cir.) (dismissal before entry of final judgment appealable where it is clear that district court did…