Quote:
Originally Posted by lawdude
This complaint could have been a little better with a few days work. I wonder if they just wanted to get in as soon as possible without really filing the best papers they could, and will seek to amend it later.
Yeah... this is federal court... you just don't file complaints with spelling errors in them. I'm aghast. Parts of this, including the intro, were rather difficult to parse as well. And that's coming from somebody who knows the situation well.
Also, jurisdictionally... RICO? Under a wire fraud theory? There's an interstate/international communication jurisdictional requirement. In an attempt (?) to satisfy this, the complaint pleads the transmissions of hole card info by Postle's accomplices to Postle. The complaint doesn't allege (nor could it) that these communications were interstate in nature though.
Having your fallback jurisdictional hook be a class action is problematic as well. I'll spare you the details, but assuming that 2/3 or more of the proposed class members are citizens of California, there's a sweet spot you're going to have to hit where: (1) There are so many members in the proposed class that joinder of all of them into the suit is impracticable, and/but (2) There are fewer than 100 members of the proposed class. Even if you can hit that sweet spot, the court could still decline jurisdiction.
So to sum up, this complaint and approach is really underwhelming to me. I shouldnt be able to notice numerous glaring typos (my favorite is para. 148: "The Stoned Fraud Victims") on a readthrough. I shouldn't be able to instantly spot jurisdictional problems.
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Last edited by mrtoodles; 10-08-2019 at 06:28 PM.