Federal Civil Litigation in California

Nathan Mubasher is admitted to practice in the United States District Courts for the Northern, Central, Eastern, and Southern Districts of California, which together cover the entire state (28 U.S.C. section 84). The Law Offices of Nathan Mubasher handles selected federal civil matters, including civil RICO claims and related business disputes. This page outlines the federal courts in California and the rules that most often shape these cases.

California’s four federal districts

• Central District: Los Angeles, Orange, Riverside, San Bernardino, San Luis Obispo, Santa Barbara, and Ventura counties. Orange County makes up the Southern Division, where court is held in Santa Ana, and Riverside and San Bernardino counties make up the Eastern Division (28 U.S.C. section 84(c)).
• Southern District: Imperial and San Diego counties (28 U.S.C. section 84(d)).
• Eastern District: Sacramento, Fresno, Kern, and 31 other Central Valley, Sierra Nevada, and inland northern counties (28 U.S.C. section 84(b)).
• Northern District: the San Francisco Bay Area, Monterey, San Benito, and Santa Cruz, and the North Coast counties (28 U.S.C. section 84(a)).

Each district adopts its own local rules, which apply alongside the Federal Rules of Civil Procedure (Federal Rule of Civil Procedure 83(a)).

When a case belongs in federal court

Federal district courts have jurisdiction over civil actions arising under federal law (28 U.S.C. section 1331). When a case includes a federal claim, the court may also hear related state law claims that form part of the same case or controversy, although it may decline to do so in some circumstances (28 U.S.C. section 1367(a), (c)).

Civil RICO

The Racketeer Influenced and Corrupt Organizations Act (RICO) makes four kinds of conduct unlawful (18 U.S.C. section 1962):

• Using or investing income derived from a pattern of racketeering activity or the collection of an unlawful debt in an enterprise (subsection (a))
• Acquiring or maintaining an interest in or control of an enterprise through a pattern of racketeering activity or the collection of an unlawful debt (subsection (b))
• Conducting or participating in the conduct of an enterprise’s affairs through a pattern of racketeering activity or the collection of an unlawful debt (subsection (c))
• Conspiring to do any of the above (subsection (d))

The key terms are defined by statute. “Racketeering activity” is a list of specified state and federal offenses, including mail fraud and wire fraud. A “pattern” requires at least two acts of racketeering activity, the last within ten years (excluding any period of imprisonment) after a prior act. An “enterprise” includes legal entities and groups of individuals associated in fact (18 U.S.C. section 1961(1), (4), (5)).

A person injured in business or property by reason of a violation of section 1962 may sue in federal court and, if successful, recovers three times the damages sustained plus the cost of the suit, including a reasonable attorney’s fee (18 U.S.C. section 1964(c)). Conduct that would have been actionable as fraud in the purchase or sale of securities cannot be used to establish the violation, except in an action against a person criminally convicted in connection with the fraud (same section). Whether any recovery is obtained depends on proving every element, and no particular result can be guaranteed.

RICO claims require careful evaluation before filing. When a claim rests on fraud, such as mail or wire fraud, the circumstances constituting the fraud must be stated with particularity (Federal Rule of Civil Procedure 9(b)). Every factual contention in a filing must have evidentiary support, or be specifically identified as likely to have it after a reasonable opportunity for investigation or discovery (Federal Rule of Civil Procedure 11(b)(3)). The office evaluates potential RICO claims and represents parties in RICO litigation.

Civil rights claims under section 1983

42 U.S.C. section 1983 allows a person who is deprived of rights secured by the Constitution and federal law, by someone acting under color of state law, to seek redress in court. In California, these claims generally borrow the state’s two-year limitations period for personal injury claims (Wallace v. Kato (2007) 549 U.S. 384; Code of Civil Procedure section 335.1).

Frequently asked questions

Is Nathan Mubasher admitted in federal court in California?

Yes. He is admitted to practice in the United States District Courts for the Northern, Central, Eastern, and Southern Districts of California.

Can a business dispute be a RICO case?

Sometimes. A civil RICO claim requires a violation of 18 U.S.C. section 1962, including a pattern of racketeering activity, and an injury to business or property by reason of that violation (18 U.S.C. section 1964(c)). Many business disputes do not meet those requirements and proceed instead as contract, fraud, or other state law claims.

How long do I have to bring a civil RICO claim?

The United States Supreme Court has held that civil RICO claims are subject to a four-year limitations period (Agency Holding Corp. v. Malley-Duff and Associates, Inc. (1987) 483 U.S. 143). It has also held that the period does not wait until the plaintiff discovers the pattern of racketeering activity (Rotella v. Wood (2000) 528 U.S. 549). When the period starts depends on the facts, so a potential claim should be reviewed promptly.

Can state law claims be included in a federal case?

Often, yes. If the case includes a federal claim, the court may hear related state law claims that are part of the same case or controversy, but it may decline in some situations (28 U.S.C. section 1367).

Does a federal case cost more than a state case?

It depends on the case. Fees and costs are discussed at the start of each engagement, and the terms are put in a written fee agreement.

Attorney Advertising. Law Offices of Nathan Mubasher, 8583 Irvine Center Drive, Suite 35, Irvine, CA 92618. Responsible attorney: Nathan Mubasher. This page provides general information about California law, not legal advice for any specific situation. Reading it or contacting the office does not create an attorney-client relationship. Every matter is different, and no particular result can be guaranteed.