Lal Bhatia v. Manmohan Wig

MEMORANDUM

In these appeals, Lai Bhatia appeals pro se from the district court’s summary judgment in his action alleging violations of the Racketeer Influenced and Corrupt Organizations (“RICO”) Act and state law claims, and defendants appeal from the district court’s decision to deny their motion for entry of a vexatious litigant order against Bhatia. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the grant of summary judgment, Avalos v. Baca, 596 F.3d 583, 587 (9th Cir.2010), and for an abuse of discretion the decision denying the motion for a vexatious litigant order, De Long v. Hennessey, 912 F.2d 1144, 1146 (9th Cir.1990). We affirm.

The distinct court properly granted summary judgment on Bhatia’s RICO claim because Bhatia failed to raise a genuine dispute of material fact as to whether the alleged predicate acts proximately caused an actionable injury. See 18 U.S.C. § 1964 (c) (requiring injury to business or property in order to establish a civil RICO claim); Rezner v. Bayerische Hypo-Und Vereinsbank AG, 630 F.3d 866, 873 (9th Cir.2010) (“To have standing under civil RICO, [the plaintiff] is required to show that the racketeering activity was both a…