Leonard

Leonard v. City of Los Angeles

Good Law
208 F. App'x 517
United States Court of Appeals for the Ninth CircuitNovember 27, 2006No. 03-56603California516 words

Opinion

Lead Opinion

MEMORANDUM *

Plaintiffs filed a complaint alleging numerous violations of federal and state law, including civil violations of 18 U.S.C. §§ 1961-1968 , the Racketeer Influenced and Corrupt Organizations Act (“RICO”). The district court dismissed the RICO *519 claims in Plaintiffs’ Third Amended Complaint, on Defendants’ motion under Federal Rule of Civil Procedure 12(b)(6). That ruling is before us pursuant to a certification under Federal Rule of Civil Procedure 54(b). On de novo review, Decker v. Advantage Fund Ltd., 362 F.3d 593, 595-96 (9th Cir.2004), we reverse and remand for further proceedings.

1. We must take as true, and must construe in the light most favorable to Plaintiffs, all allegations of material fact. Zimmerman v. City of Oakland, 255 F.3d 734, 737 (9th Cir.2001). In the RICO context, “[a]t the pleading stage, general factual allegations of injury resulting from the defendant’s conduct may suffice, for on a motion to dismiss we presume that general allegations embrace those specific facts that are necessary to support the claim.” Nat'l Org. for Women, Inc. v. Scheidler, 510 U.S. 249, 256 , 114 S.Ct. 798 , 127 L.Ed.2d 99 (1994) (alteration in original) (internal…

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