Ellett

Ellett v. Sykora

Good Law
90 F. App'x 493
United States Court of Appeals for the Ninth CircuitDecember 23, 2003No. 02-17411; D.C. No. CV-99-01237-GEB(GGH)California1,044 words

Opinion

Lead Opinion

MEMORANDUM *

Appellants, the Estate of John R. DeMa-ria and the Estate of Mildred DeMaria, through Dawn Ellett, executrix of both estates, appeal from the district court’s summary judgment dismissal on statute of limitations grounds of their Racketeer Influenced and Corrupt Organizations Act (RICO) action. We conclude that the De-Marias had constructive notice of their injuries as early as thirteen years prior to the filing of their suit in 1999, and therefore affirm the dismissal of their action. As the facts are familiar to the parties, we recount them only as necessary to explain our decision.

The statute of limitations for civil RICO claims is four years. See Pincay v. Andrews, 238 F.3d 1106, 1108 (9th Cir.2001). The statute “ ‘begins to run when a plaintiff knows or should know of the injury that underlies his cause of action.’ ” Id. at 1109 (quoting Grimmett v. Brown, 75 F.3d 506, 510 (9th Cir.1996)). Constructive notice is established if the plaintiff “had enough information to warrant an investigation which, if reasonably diligent, would have led to discovery of the fraud.” Id. at 1110 (citation and quotation marks omitted). Summary judgment is appropriate “if the…

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