Lerner

Pillsbury, Madison & Sutro v. Lerner

Good Law
31 F.3d 924·94 Daily Journal DAR 11336·1994 WL 422241·1994 U.S. App. LEXIS 21574·94 Cal. Daily Op. Serv. 6179
United States Court of Appeals for the Ninth CircuitAugust 15, 1994No. 92-16596California3,153 words

Opinion

Lead Opinion

Nelson, J.

This appeal arises out of various transactions involving the Adam Grant building, 114 Sansome Street, San Francisco, where appellant, the law firm of Pillsbury, Madison & Sutro (Pillsbury), rents office space, and the effect of those transactions on the amount of rent to be paid by Pillsbury. Pillsbury appeals the district court’s Fed.R.Civ.P. 12(b)(6) dismissal for failure to state a claim of its action under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961-1968 , against the past and present owners of the building and the real estate broker. Pillsbury alleges that as part of an international money laundering and fraud enterprise, defendants engaged in a fraudulent transfer of 114 Sansome Street in order to inflate the property’s ostensible value and inflate Pillsbury’s rent. The district court’s order dismissing Pillsbury’s case was based on the failure to meet the proximate cause requirement imposed for civil RICO actions. See Holmes v. Securities Investor Protection Corp., — U.S. -, 112 S.Ct. 1311 , 117 L.Ed.2d 532 (1992); Imagineering, Inc. v. Kiewit Pac. Co., 976 F.2d 1303 , 1311-12 (9th Cir.1992), cert. denied, — U.S. -, *927 113 S.Ct. 1644 ,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.