United States Ninth Circuit

In an action brought by one of four siblings who are beneficiaries of a trust created by their mother asserting violations of the Racketeer Influenced and Corrupt Organizations Act (RICO) and state laws, dismissal of the complaint is affirmed where: 1) contrary to plaintiff's claim, the district court did not misapprehend the "operation and management" test in the context of an associated-in-fact enterprise; and 2) due to a lack of federal question jurisdiction, state law claims were properly dismissed under Rule 19 of the Federal Rules of Civil Procedure.

Appellate Information

• Argued 06/20/2008
• Decided 08/18/2008
• Published 08/18/2008

Judges

• RYMER, Circuit Judge:, Before:  ALFRED T. GOODWIN, PAMELA ANN RYMER, and SANDRA S. IKUTA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Robert W. Walter, Greenwood Village, CO, Pro se, plaintiff-appellant.


• For Appellees:
  
• Mark D. Bernstein, Honolulu, HI, for defendant-appellee Elizabeth Walter., Shelton G.W. Jim On, Jim On & Beerman, Honolulu, HI, for defendant-appellee Richard C. Drayson., Keith K. Hiraoka, Roeca Louie & Hiraoka, Honolulu, HI, for defendants-appellees Karen M. Temple and Karen Temple, AAL, LLLC.