Weinreich

Weinreich v. Lube

Good Law
46 F. App'x 462
United States Court of Appeals for the Ninth CircuitSeptember 16, 2002No. 00-35162; D.C. No. CV-99-05128-FDBCalifornia375 words

Opinion

Lead Opinion

MEMORANDUM **

Kurt Weinreieh appeals pro se the district court’s Fed.R.Civ.P. 12(b)(6) dismissal of his amended complaint alleging violation of the Racketeer Influenced and Corrupt Organizations Act (“RICO”), violation of the Washington Uniform Trade Secrets Act (“UTSA”), and tortuous interference with business relations. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo dismissals under Fed.R.Civ.P. 12(b)(6), Steckman v. Hart Brewing, Inc., 143 F.3d 1293, 1295 (9th Cir.1998), and we affirm.

The district court properly dismissed Weinreich’s RICO claims because his amended complaint contained only conclusory allegations and failed to attribute specific conduct to individual defendants. See Moore v. Kayport Package Express, Inc., 885 F.2d 531, 541 (9th Cir.1989) (applying the particularity requirements of Fed. R.Civ.P. 9(b) to RICO claims).

The district court properly dismissed Weinreich’s UTSA and tortuous interference claims as untimely because his pleadings reveal that through the exercise of diligence he should have discovered his claims in 1995 yet he did not file his initial complaint until March 9, 1999. See McLeod v. Northwest Alloys, Inc., 90 *463 WashApp.…

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