Westenberg

Westenberg v. CNF Transportation, Inc.

Good Law
44 F. App'x 765
United States Court of Appeals for the Ninth CircuitJuly 29, 2002No. 00-35013; D.C. No. CV-98-01514-HACalifornia714 words

Opinion

Lead Opinion

MEMORANDUM **

Marsha and Sarah Westenberg, mother and daughter, appeal pro se the judgment of the district court dismissing their action alleging Marsha’s former employer, CNF Transportation, Inc. (“CNF”), its employees, and its insurer violated the Racketeer Influenced and Corrupt Organization Act (“RICO”), 18 U.S.C. §§ 1961-64 , in their handling of Marsha’s workers’ compensa *766 tion claim. The Westenbergs further appeal the district court’s orders denying reconsideration pursuant to Fed.R.Civ.P. 60(b)(4). 1 We have jurisdiction pursuant to 28 U.S.C. § 1291 , 2 and we affirm.

We review de novo dismissals under Fed.R.Civ.P. 12(b)(6) and motions pursuant to Fed.R.Civ.P. 60(b)(4) to set aside a judgment as void. Steckman v. Hart Brewing, Inc., 143 F.3d 1293, 1295 (9th Cir.1998) (Rule 12(b)(6)); Exp. Group v. Reef Indus., Inc., 54 F.3d 1466, 1469 (9th Cir.1995) (Rule 60(b)(4)). We may affirm on any ground supported by the record. Steckman, 143 F.3d at 1295 .

The district court correctly concluded that Sarah was not a proper RICO plaintiff because her claims are derivative of her mother’s and allege only indirect harm to her business or property interests. See Holmes v. Sec.…

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