Francisco Ramos-chavez, Plaintiff-appellant, v. Maria G. Igarashi, Defendant-appellee, 962 F.2d 14 (9th Cir. 1992)
Annotate this CaseBefore HUG, DAVID R. THOMPSON and FERNANDEZ, Circuit Judges.
MEMORANDUM**
Francisco Ramos-Chavez appeals the district court's dismissal of his action pursuant to the Racketeer Influenced & Corrupt Organizations Act ("RICO"), 18 U.S.C. §§ 1961 et seq. We have jurisdiction pursuant to 28 U.S.C. § 1291 and reverse and remand.
Chavez's complaint has alleged a conspiracy between the defendant, the plaintiff's attorney, and a third person to dispose of his property. The district court dismissed the action, finding that it involved domestic relations and therefore would be better addressed in state court.
It cannot be determined from the complaint, however, that Chavez's claim involves a domestic relations matter. Accordingly, the district court abused its discretion by dismissing Chavez's complaint and abstaining on this ground. See Stock West v. Confederated Tribes, 873 F.2d 1221, 1229 (9th Cir. 1989) (equitable abstension reviewed for an abuse of discretion).
REVERSED and REMANDED.
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