Sigmond v. Brown, 828 F.2d 8 (9th Cir. 1987). · Go Syfert
Sigmond v. Brown, 828 F.2d 8 (9th Cir. 1987). Cases Citing This Book View Copy Cite
30 citation events (8 in the last 25 years) across 7 distinct courts.
Strongest positive: (PS) Sermeno v. Elmallah (caed, 2025-02-28)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
Top citers, strongest first. 17 distinct citers. How cited ↗
discussed Cited as authority (rule) (PS) Sermeno v. Elmallah
E.D. Cal. · 2025 · confidence medium
Of Nev., 828 F.2d 8 1385, 1390 (9th Cir. 1987); see also Morrison v. Jones, 607 F.2d 1269, 1273 (9th Cir. 1979). 9 Clerks qualify for quasi-judicial immunity unless they acted in the clear absence of jurisdiction. 10 Mullis, 828 F.2d 1385 . 11 Here, even if defendant refused to file plaintiff’s documents, defendant’s decision to 12 accept and file documents is a basic and integral part of the judicial process.
cited Cited as authority (rule) Raiser v. The United States District Court for the Southern District of California
S.D. Cal. · 2024 · confidence medium
Ct. for Dist. of Nev., 828 F.2d 8 1385, 1390 (9th Cir. 1987); then citing Samuel v. Michaud, 980 F.Supp.1381, 1403 (D. 9 Idaho 1996 )).
cited Cited as authority (rule) Physicians Committee for Responsible Medicine v. Vilsack
N.D. Cal. · 2023 · confidence medium
It must also “draw all 7 reasonable inferences in favor of the nonmoving party.” Usher v. City of Los Angeles, 828 F.2d 8 556, 561 (9th Cir. 1987). 9 IV.
discussed Cited as authority (rule) Kurin, Inc. v. Magnolia Medical Technologies, Inc.
S.D. Cal. · 2019 · confidence medium
Under this test, the doctrine applies where there 3 is ‘(1) the need to resolve an issue that (2) has been placed by Congress within the 4 jurisdiction of an administrative body having regulatory authority (3) pursuant to a statute 5 that subjects an industry or activity to a comprehensive regulatory scheme that (4) requires 6 expertise or uniformity in administration.’”Davel Commc’ns Inc. v. Qwest Corp., 460 F.3d 7 1075, 10867-87 (9th Cir. 2006) (quoting United States v. Gen Dynamics Corp., 828 F.2d 8 1356, 1362 (9th Cir. 1987)). 9 a.
cited Cited as authority (rule) Doyle v. Hoyle
D.N.H. · 1995 · confidence medium
Of course, the principle of limited liability has itself been limited by the common law doctrine which permits the piercing of the corporate veil DeBreceni, supra, 828 F.2d at 879.
discussed Cited as authority (rule) Eugene Soliz, Husband Frances Soliz, Wife v. Murphy, Goering, Roberts & Berkman, P.C.
9th Cir. · 1993 · confidence medium
"A plaintiff in a RICO case must present proof of four RICO elements: (1) conduct (2) of an enterprise (3) through a pattern (4) of racketeering activity." Sigmond v. Brown, 828 F.2d 8, 8 (9th Cir.1987) (per curiam) (quotations omitted). 9 Although the words "fraud" and "RICO" appear on the Solizes' first amended complaint, the complaint fails to allege the elements of either cause of action.
discussed Cited as authority (rule) Brady v. Dairy Fresh Products Co.
9th Cir. · 1992 · confidence medium
“A plaintiff in a RICO section 1962(c) case must present proof of four RICO elements: (1) conduct (2) of an enterprise (3) through a pattern (4) of racketeering activity.” Sigmond v. Brown, 828 F.2d 8, 8 (9th Cir.1987) (internal quotations omitted).
discussed Cited as authority (rule) United States v. Walter L. Mitchell, Jr.
9th Cir. · 1989 · confidence medium
We held in Sigmond v. Brown, 828 F.2d 8, 9 (9th Cir.1987) (per curiam), decided after McNally but before Carpenter , that allegations of mail fraud "require proof of the loss of tangible property.” As Carpenter subsequently made clear, however, this is too narrow a reading of McNally . 2 .
discussed Cited as authority (rule) United States v. Nelson Italiano (2×)
11th Cir. · 1988 · confidence medium
See, e.g., United States v. Herron, 825 F.2d 50 (5th Cir.1987) (reversing wire fraud convictions where jury was not required to find that defendants "defrauded the United States out of money or property”); United States v. Cook, 833 F.2d 109 (7th Cir.1987) (reversing judgment in part where mail and wire fraud convictions were premised upon "defrauding an official body of intangible rights” such as "loyal and faithful services”); United States v. Gimbel, 830 F.2d 621, 626 (7th Cir.1987) (reversing mail and wire fraud convictions where indictment alleged that defendant devised a scheme to …
cited Cited "see" Jerry Cox v. Mariposa County
E.D. Cal. · 2021 · signal: see · confidence high
See Sigmond v. Brown, 828 F.2d 8, 8 (9th Cir. 1987).
cited Cited "see" Vierria v. California Highway Patrol
E.D. Cal. · 2009 · signal: see · confidence high
See Sigmond v. Brown, 828 F.2d 8, 8 (9th Cir.1987); Sedima v. Imrex Co., Inc., 473 U.S. 479, 496 , 105 S.Ct. 3275 , 87 L.Ed.2d 346 (1985).
cited Cited "see" Howard v. America Online Inc.
9th Cir. · 2000 · signal: see · confidence high
See Sigmond v. Brown, 828 F.2d 8, 9 (9th Cir.1987) (holding that dismissal of RICO claim was appropriate where plaintiff did not present evidence that defendant committed mail fraud).
discussed Cited "see" No. 98-56138
9th Cir. · 2000 · signal: see · confidence high
See Sigmond v. Brown, 828 F.2d 8, 9 (9th Cir. 1987) (holding that dismissal of RICO claim was appropriate where plaintiff did not present evidence that defendant committed mail fraud).
cited Cited "see" First Pacific Bancorp, Inc. v. L. William Bro
1st Cir. · 1988 · signal: see · confidence high
See Sigmond v. Brown, 828 F.2d 8, 9 (9th Cir.1987); Siegel, 717 F.2d at 9 .
cited Cited "see" First Pacific Bancorp, Inc. v. Bro
9th Cir. · 1988 · signal: see · confidence high
See Sigmond v. Brown, 828 F.2d 8, 9 (9th Cir.1987); Siegel, 717 F.2d at 9 .
discussed Cited "see, e.g." United Energy Owners Committee, Inc., and Robert T. Gilleran v. United States Energy Management Systems, Inc.
9th Cir. · 1988 · signal: see also · confidence medium
For a general discussion of the RICO pleading requirements, including the specificity required in allegations of fraud, see Schreiber, 806 F.2d at 1396-1401 ; see also Sigmond v. Brown, 828 F.2d 8, 9 (9th Cir.1987) (mail fraud requires proof of loss of money or tangible property rights) (citing McNally v. United States, — U.S. -, 107 S.Ct. 2875, 2881-82 , 97 L.Ed.2d 292 (1987)).
Retrieving the full opinion text from the archive…
Jeremey A. Sigmond, A/K/A Jerome A. Sigmond
v.
Philip E. Brown Joseph A. Berg Benjamin B. Shearer Paul J. Malapira Dennis Swanson Marcus I. Brown California Chiropractic Association Health Service Foundation Peer Review Committee
86-6591.
Court of Appeals for the Ninth Circuit.
Sep 18, 1987.
828 F.2d 8
Cited by 4 opinions  |  Published

828 F.2d 8

RICO Bus.Disp.Guide 6744

Jeremey A. SIGMOND, a/k/a Jerome A. Sigmond, Plaintiff-Appellant,
v.
Philip E. BROWN; Joseph A. Berg; Benjamin B. Shearer;
Paul J. Malapira; Dennis Swanson; Marcus I. Brown;
California Chiropractic Association Health Service
Foundation Peer Review Committee, Defendants-Appellees.

No. 86-6591.

United States Court of Appeals,
Ninth Circuit.

Argued and Submitted Sept. 11, 1987.
Decided Sept. 18, 1987.

Raymond P. Boucher, Los Angeles, Cal., for plaintiff-appellant.

Rick A. Cigel, Los Angeles, Cal., for defendants-appellees.

Appeal from the United States District Court for the Central District of California.

Before HALL, NOONAN and THOMPSON, Circuit Judges.

PER CURIAM:

I.

1

Plaintiff (Sigmond) timely appeals from the district court's grant of summary judgment for the defendants. Sigmond brought this action pursuant to section 1964(c) of the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. Secs. 1961-68 (1982). Section 1964(c) establishes a private cause of action for treble damages for anyone "injured in his business or property by reason of a [defendant's] violation" of RICO. Sigmond, a chiropractor, contends that defendants, in league with a chiropractic peer review board, violated RICO section 1962(c) and that their violations injured him in his business and property interests.

2

A plaintiff in a RICO case must present proof of four RICO elements: "(1) conduct (2) of an enterprise (3) through a pattern (4) of racketeering activity." Sedima, S.P.R.L. v. Imrex Co., 473 U.S. 479, 496, 105 S.Ct. 3275, 3285, 87 L.Ed.2d 346 (1985) (footnote omitted). The district court held that Sigmond failed to present sufficient evidence of these elements to withstand the defendants' motion for summary judgment. Sigmond v. Brown, 645 F.Supp. 243 (C.D.Cal.1986).

II.

3

Summary judgment is appropriate if the nonmoving party who will bear the burden of proof at trial on an element essential to his claim fails to present sufficient evidence to establish a genuine issue of fact with respect to that element. California Architectural Bldg. Prod., Inc. v. Franciscan Ceramics, Inc., 818 F.2d 1466, 1468 (9th Cir.). Moreover, Sigmond as the nonmoving party, must present "more persuasive evidence than would otherwise be necessary" if his claims are "implausible." Id. (emphasis in original).

III.

4

On appeal, Sigmond contends that he presented to the district court sufficient evidence of the two or more "predicate acts" required for a showing of a "pattern of racketeering activity" to survive defendants' motion for summary judgment. See 18 U.S.C. Secs. 1961(5); see generally Sun Savings & Loan Assoc. v. Dierdorff, 825 F.2d 187, 191-94 & nn. 4-5 (9th Cir.1987); Franciscan Ceramics, 818 F.2d at 1469 & n. 1. We disagree.

5

Sigmond asserts that he presented evidence that defendants perpetrated several predicate acts of mail fraud, in violation of 18 U.S.C. Sec. 1341 (1982), and extortion, in violation Cal.Penal Code Sec. 518 (West 1970). Evidence of such acts would establish a genuine issue of fact for the trier of fact. But, for the reasons stated by the district court, we hold that Sigmond's offer of "proof" of the alleged acts was implausible and unsupported by the evidence presented. See Sigmond, 645 F.Supp. at 245-46.

6

Moreover, Sigmond failed to present any plausible evidence that the defendants' conduct deprived him of any property or money. The defendants' alleged predicate acts of mail fraud and extortion require proof of the loss of tangible property. See McNally v. United States, --- U.S. ----, 107 S.Ct. 2875, 2881-82, 97 L.Ed.2d 292 (1987) (under 18 U.S.C. Sec. 1341, mail fraud is "limited in scope to the protection of property rights" and defendants must be shown to have defrauded plaintiff of money or property; "intangible rights" are not protected); People v. Norris, 40 Cal.3d 51, 54, 706 P.2d 1141, 1143, 219 Cal.Rptr. 7, 9 (1985) (under Cal.Penal Code Sec. 518, extortion is defined, in relevant part, as "the obtaining of property from another"). Under Franciscan Ceramics, Sigmond has not met his burden as the nonmoving party. See Sigmond, 645 F.Supp. at 245-46; cf. Franciscan Ceramics, 818 F.2d at 1469-72. Sigmond's appeal is without merit; the district court's grant of summary judgment is

7

AFFIRMED.