Rosalyn B. Haas v. Donald F. Sammis, and Douglas O. Allred and Douglas Allred Company, a California Corporation

972 F.2d 1339 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Rosalyn B. HAAS, Plaintiff-Appellant, v. Donald F. SAMMIS, et al., Defendants, and Douglas O. Allred and Douglas Allred Company, a California Corporation, Defendants-Appellees. No. 91-55854. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 7, 1992. Decided July 31, 1992. Before FARRIS, WIGGINS and FERNANDEZ, Circuit Judges. 1 MEMORANDUM * 1. Securities fraud claims 2 In Moore v. Kayport Package Express, Inc., 885 F.2d 531, 537 (9th Cir.1989) (citing Pinter v. Dahl, 486 U.S. 622, 647 (1988)), we held that a party is liable under section 12(2) of the Securities Act of 1933, 15 U.S.C. § 77l, only if "[he or she] solicited the purchases and [was] motivated, at least in part, by financial gain." Haas has not alleged, nor is there any evidence, that Allred solicited her to purchase the interest in Mission Center II. She therefore cannot recover under section 12(2). 3 Haas relies on H.B.…