Grimmett

Grimmett v. Brown

Good Law
75 F.3d 506·1996 WL 29094
United States Court of Appeals for the Ninth CircuitJanuary 26, 1996Nos. 94-16137, 94-16214California5,874 words

Opinion

Lead Opinion

Hall, J.

Joanne Siragusa and Tom Grimmett, the bankruptcy trustee of Joanne’s ex-husband Vincent’s estate, appeal the district court’s dismissal of their civil RICO suit. In their November 1994 suit, Joanne and Grimmett alleged that defendant Patricia Brown masterminded the reorganization of Vincent’s medical practices so as to cheat Joanne out of her post-divorce community property interest in those practices. The district court found their suit barred by RICO’s four-year statute of limitations. On appeal, Joanne and Grimmett argue: (1) that the district court applied the wrong accrual rule to their RICO cause of action; (2) that it wrongly concluded that their post-November 1990 injuries did not trigger the “separate accrual rule;” (3) that it failed to address whether their RICO cause of action was tolled by Brown’s fraudulent concealment; and (4) that it wrongly held that the pendency of the bankruptcy proceeding did not toll the statute or prevent the RICO cause of action from accruing.

The district court had jurisdiction over the RICO claim under 18 U.S.C. § 1964 (c). We have jurisdiction under 28 U.S.C. § 1291 and affirm.

*509 I.

Vincent and Joanne Siragusa divorced in 1983. At…

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