Fisher

Fisher v. Las Vegas Hilton Corp.

Good Law
47 F. App'x 824
United States Court of Appeals for the Ninth CircuitSeptember 18, 2002No. 01-16278; D.C. No. CV-00-00549-RLH/LRLCalifornia2,178 words

Opinion

Lead Opinion

MEMORANDUM *

Barry Fisher, the plaintiff and appellant, appeals from the dismissal on the pleadings of his action to recover funds allegedly laundered at the defendant casinos. He is a receiver appointed by the Superior Court of California and charged with recovering assets on behalf of duped investors in a fraudulent company, PCO Inc., which was headed by David Laing.

Fisher filed this action against the defendant casinos in the Central District of California. The operative complaint asserts claims under California’s Uniform Fraudulent Transfer Act, Cal. Civ.Code §§ 3439, et seq. (“UFTA”), and related state law claims. The district court transferred the case to the district of Nevada, which then dismissed the suit in a judgment on the pleadings.

Appellant argues that the district courts erred (1) by transferring the case to Nevada, (2) by granting defendants’ motion for judgment on the pleadings, and (3) by denying appellant’s motion to amend the First Amended Complaint (“FAC”). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm in part, reverse in part, and remand to the district court.

1. Transfer

“For the convenience of parties and witnesses, in the interest of…

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