Legal Opinion

Gervase v. Superior Court

California Court of Appeal

Decided January 26, 1995No. C017925PublishedCited by 9 opinions

1Opinion of the Court

Opinion

SPARKS, Acting P. J.

The petitioners are plaintiffs in an action pending in the superior court based generally upon alleged fraud in the sale of securities.1 After several attempts at pleading the trial court sustained, without leave to amend, the defendants’ demurrer to plaintiffs’ federal Racketeer Influenced and Corrupt Organizations Act (RICO) cause of action. (18 U.S.C. § 1961 et seq.) We issued an alternative writ of mandate in order to determine whether plaintiffs have sufficiently alleged a RICO cause of action in their third amended complaint. We conclude that they have and…

2Cases cited52 opinions

  1. Sedima, S. P. R. L. v. Imrex Co.Supreme Court of the United States · 1985
  2. Ernst & Ernst v. HochfelderSupreme Court of the United States · 1976
  3. H. J. Inc. v. Northwestern Bell Telephone Co.Supreme Court of the United States · 1989
  4. United States v. TurketteSupreme Court of the United States · 1981
  5. Blue Chip Stamps v. Manor Drug StoresSupreme Court of the United States · 1975

47 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. In Re Prudential SEC. Inc. Ltd. Partner. Lit.District Court, S.D. New York · 1996
  2. Mendoza v. Town of RossCalifornia Court of Appeal · 2005
  3. Blue Cross of California v. Superior CourtCalifornia Court of Appeal · 1998
  4. Black v. Department of Mental HealthCalifornia Court of Appeal · 2000
  5. McLaughlin v. Walnut Properties, Inc.California Court of Appeal · 2004

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