Sasser

Sasser v. Amen

Good Law
57 F. App'x 307
United States Court of Appeals for the Ninth CircuitJanuary 28, 2003Nos. 01-16561, 01-17167; D.C. No. CV-99-03604-SICalifornia626 words

Opinion

Lead Opinion

MEMORANDUM *

Plaintiffs, who are current and former employees of West Coast Beauty Supply, allege that Defendants defrauded them through three unlawful compensation plans. Plaintiffs argue that Defendants’ implementation of these plans violated the federal Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1962 (e)-(d), 1964. The district court granted summary judgment in Defendants’ favor. We affirm.

A. “Charge back” and “instant credit” plans

We assume for the sake of this disposition, but need not and do not decide, that only some of Plaintiffs’ claims as to these two plans are time-barred. Even if some claims are not barred by the statute of limitations, Defendants are entitled to summary judgment.

*309 There is no evidence that Defendants intentionally misrepresented anything about either the “charge back” or the “instant credit” plan. The details of each plan have been disclosed. For example, Kauders stated that he mailed a copy of the commission charge-back report to each Plaintiff with Plaintiffs’ paychecks.

Plaintiffs’ claim hinges on their allegation that Defendants represented the plans as being legal, while knowing that the plans were illegal.…

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