The following excerpt is from Parham v. Steemers, No. CIV S-11-1475 LKK CKD PS (E.D. Cal. 2011):
Second, plaintiff has not shown that her alleged harm qualifies as injury to her business or property proximately caused by a RICO violation. Canyon County v. Syngenta Seeds, Inc., 519 F.3d 969, 972 (9th Cir. 2008). Here, plaintiff alleges damages for "[p]ain and suffering, mental anguish, emotional distress, punitive damages, and costs to RICO and 42 U.S.C. 1988." (Compl. at p. 20.) Pain and suffering, mental anguish, and emotional distress are personal injuries not generally compensable under RICO. Diaz v. Gates, 420 F.3d 897, 899-900, 902 (9th Cir. 2005).
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