Quach

Quach v. Cross

Good Law
252 F. App'x 775
United States Court of Appeals for the Ninth CircuitSeptember 13, 2007Nos. 04-56108, 05-55090California312 words

Opinion

Lead Opinion

MEMORANDUM **

In these consolidated actions, plaintiff T.L. Quaeh appeals the district court’s *776 grant of certain defendants’ Fed.R.Civ.P. 12(b)(6) motion to dismiss the First Amended Complaint (“complaint”) for failure to state a claim under the Racketeer Influenced and Corrupt Organization Act (“RICO”), 18 U.S.C. § 1961 et seq., and the district court’s June 14, 2004 order setting aside the defaults of all remaining defendants and dismissing the complaint as to those defendants. 1 On limited remand from this court, the district court certified its June 14, 2004 order for appeal pursuant to Fed. R. Civ. Proc. 54(b). We have jurisdiction over both appeals. See Nat’l Ass’n of Home Builders v. Norton, 325 F.3d 1165, 1168 (9th Cir.2003), opinion after remand, 340 F.3d 835, 840 , and we affirm.

The district court properly held that plaintiffs complaint failed to allege a civil RICO violation. The complaint fails to allege a “pattern of racketeering activity,” which RICO defines as “at least two acts of racketeering activity.” 18 U.S.C. § 1961 (5). The complaint alleges only one event with any particularity, namely, a purported raid against plaintiffs jewelry establishment. One…

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