Lowery

Lowery v. Blue Steel Releasing, Inc.

Good Law
261 F. App'x 17
United States Court of Appeals for the Ninth CircuitDecember 20, 2007Nos. 06-55294, 06-55330California1,463 words

Opinion

Lead Opinion

MEMORANDUM ***

Dominic Lowery appeals from the district court’s orders granting summary judgment to Adonis Hampton and Alfred Dovbish on Lowery’s state-law claims for fraud and conversion, his claim for civil remedies under the Racketeer Influenced and Corrupt Organizations Act (RICO), and his federal claim for securities fraud against Hampton. The claims arose from Lowery’s wire transfer of $75,000 to purchase shares of stock in Blue Steel Releasing, Inc. Lowery claimed that Hampton, a telephone solicitor for Blue Steel, made fraudulent representations in order to induce Lowery to invest in Blue Steel and that Dovbish, acting as attorney for Blue Steel, made misrepresentations to Lowery’s attorney in order to delay settlement of Lowery’s claim for the return of his $75,000.

For his first issue on appeal, Lowery contends that the district court erred in granting summary judgment to Hampton on his claims for common-law fraud and securities fraud. Upon de novo review, see Soldano v. United States, 453 F.3d 1140, 1143 (9th Cir.2006) (standard of review), we conclude that Lowery did not come forward with evidence to show there remained a genuine issue as to the falsity of Hampton’s…

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