United States Ninth Circuit

In an action under the Unordered Merchandise Statute, as well as state-law claims for conversion, unjust enrichment, and fraud, arising out of plaintiffs' alleged billing for membership in a product discount program, the dismissal of the complaint is affirmed where: 1) plaintiff's claims in this action arose out of the same allegations in her state-court case against defendant, which plaintiff had settled; 2) it was not unreasonable to expect the party who placed the phone calls to defendant to have personal knowledge of the relevant facts, and thus the district court properly denied plaintiff's motion to amend to state a RICO claim; and 3) nothing defendant allegedly mailed to plaintiffs fit within the definition of "merchandise."

Appellate Information

• Decided 10/25/2010
• Published 10/25/2010

Judges

• Diarmuid F. O'Scannlain

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Eric A. Isaacson, Darrel J. Hieber