Sim Hoffman, M.D. v. Zenith Insurance Company

MEMORANDUM

Plaintiffs Sim Hoffman, M.D.; Advanced Professional Imaging Medical Group; Better Sleeping Medical Center, Inc.; Advanced Medical Support, Inc.; Pacific Medical Supplies and Services, Inc.; California Psychological Care, Inc.; Access Plus, Inc.; Pacific Neuro Diagnostic Medical Group, Inc.; Pacific Care Medical Group, Inc.; and Diagnostic Imaging Network Medical Group, Inc., appeal the district court’s orders (1) granting summary judgment to Defendants Zenith Insurance Company and ZNAT Insurance Company on Plaintiffs’ claims under the Racketeering Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1962 (c) and (d), and (2) denying Plaintiffs’ motions for post-judgment relief pursuant to Federal Rules of Civil Procedure 59(e) and 60(b). We affirm.

1. A RICO plaintiff must establish standing to sue under RICO’s private right of action, 18 U.S.C. § 1964 (c), by demonstrating “that the defendants’ alleged misconduct proximately caused [the plaintiffs’] injury.” Sosa v. DIRECTV, Inc., 437 F.3d 923, 941 (9th Cir.2006) (internal quotation marks omitted). Although proximate cause, not reliance, is the essential element of statutory standing under RICO, proving…