Facts

Jerome Daroya brought an action against Mary Daroya-Lushina and Dominick Ramos.

Upon the death of their father, Daroya and Daroya-Lushina inherited a property located in Carson, California. Daroya and Daroya-Lushina created a limited liability company known as Cookie and Kuya Enterprises, LLC (CKE) to hold their joint interest in the property.

PLAINTIFF'S CONTENTIONS: Plaintiff asserted claims for violation of the Racketeer Inuenced and Corrupt Organizations Act (RICO), along with state law claims for conversion, breach of fiduciary duty, intentional interference with prospective economic advantage, constructive trust, and violation of the California Business and Professions Code. Plaintiff contended that defendants jointly undertook a fraudulent scheme to deprive plaintiff of his interest in CKE, to sell the property, and to divert the proceeds from the sale to themselves and away from plaintiff. Plaintiff claimed that Ramos electronically filed a fraudulent Statement of Information with the California Secretary of State. This Statement of Information contained numerous falsehoods, including an altered mailing address for CKE and a statement that Mary was its sole manager. Around the same time, defendants contacted Opendoor, a company that makes cash offers for properties, and submitted fraudulent documents to Opendoor, including a copy of CKE's Operating Agreement showing that plaintiff had a 5 percent ownership interest in CKE rather than his actual 50 percent ownership interest. Defendants submitted further documentation suggesting that plaintiff had surrendered all interest in CKE. Daroya-Lushina proceeded to sell the property to Opendoor and did not provide any share of the proceeds to plaintiff. Additionally, Daroya-Lushina falsely identified herself as the sole owner and director of Jose K. Daroya, CPA APC (APC), a company created by their father prior to his passing. Defendants allegedly obtained at least $16,879 through a Paycheck Protection Program loan and $86,000 in Economic Injury Disaster Loans on behalf of APC. Plaintiff asserted that lenders were seeking to collect payments for these loans from plaintiff and his associated businesses. Defendants also attempted to fraudulently obtain a loan in the name of one of plaintiff's business clients, causing the client to terminate his business relationship with plaintiff. Lastly, Daroya-Lushina falsely identified herself as the sole director and officer of JLA, a financial services firm owned by several shareholders, including plaintiff and Daroya-Lushina. Daroya-Lushina changed JLA's mailing address to her own address, and received checks made payable to JLA. Defendants then forged endorsements on these checks and deposited them into their own accounts. Plaintiff discovered that defendants accessed JLA's website through the electronic submission of false information, changed the name of JLA's website, and changed access passwords to prevent plaintiff and others from accessing the site.

DEFENDANTS' CONTENTIONS: Defendants denied all contentions.

Result

The court granted defendants' motion to dismiss without leave to amend.