Thomas

Thomas v. Baca

Good Law
308 F. App'x 87
United States Court of Appeals for the Ninth CircuitJanuary 9, 2009Nos. 07-55391, 07-55489California733 words

Opinion

Lead Opinion

*88 MEMORANDUM ***

The activity complained of is not “a pattern of racketeering activity by the Los Angeles County Sheriffs Department.” The district court properly dismissed the alleged Racketeer Influenced and Corrupt Organizations (“RICO”) action for failure to state a claim.

We review de novo a dismissal for failure to state a claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Knievel v. ESPN, 393 F.3d 1068, 1072 (9th Cir.2005). In so doing, we accept all factual allegations in the complaint as true and construe the pleading in the light most favorable to the nonmoving party. Id. Dismissal without leave to amend is only proper if it is clear that the complaint cannot be saved by any amendment. Thinket Ink Info. Res., Inc. v. Sun Micro-systems, Inc., 368 F.3d 1053, 1061 (9th Cir.2004).

RICO liability under 18 U.S.C. § 1962 (c) requires “(1) the conduct (2) of an enterprise (3) through a pattern (4) of racketeering activity.” Miller v. Yokohama Tire Corp., 358 F.3d 616, 620 (9th Cir. 2004) (internal quotation marks omitted). Additionally, 18 U.S.C. § 1964 (c) imposes a standing requirement: a plaintiff must show that the RICO violation proximately caused…

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