FILED
NOT FOR PUBLICATION MAY 12 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JOSE VALADEZ; BABITA VALADEZ, No. 10-15058
Plaintiffs - Appellees, D.C. No. 5:08-cv-03100-JW
v.
MEMORANDUM *
RUBEN AGUALLO; PAUL GREGORIO,
Defendants - Appellants.
Appeal from the United States District Court
for the Northern District of California
James Ware, District Judge, Presiding
Argued and Submitted February 15, 2011
San Francisco, California
Before: SCHROEDER, THOMAS, and GOULD, Circuit Judges.
Ruben Aguallo and Paul Gregorio appeal the district court’s judgment, after
jury trial, in favor of plaintiffs Jose and Babita Valadez in their action alleging
claims under RICO, and for extortion and intentional infliction of emotional
distress.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
The evidence established that appellees were engaged in interstate
commerce through their rental car upholstery repair and interior cleaning business;
their conduct need not have more than a de minimis effect on interstate commerce.
See United States v. Atcheson, 94 F.3d 1237, 1241 (9th Cir. 1996). The fraud
verdict was not inconsistent with the verdicts on the other counts because the fraud
claim had different elements. The jury’s award of nominal damages on the RICO
claim supported the award of the attorney’s fees, which are mandatory when a
violation of RICO is established. See 18 U.S.C. § 1964(c).
AFFIRMED.
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