California, United States of America
The following excerpt is from McMartin v. Children's Institute International, 212 Cal.App.3d 1393, 261 Cal.Rptr. 437 (Cal. App. 1989):
"Racketeering activity" is defined in 18 United States Code section 1961 as any of a number of specifically enumerated acts. The "racketeering activity" which plaintiffs allege as the basis for their RICO claims is "the obstruction of justice." Title 18 United States Code section 1503, the obstruction of justice statute specifically referred to in the section 1961 definition of racketeering activity, pertains however, only to federal actions. (United States v. Baker (6th Cir.1984) 494 F.2d 1262, 1265.) Since the acts alleged by plaintiffs relate only to a state criminal prosecution, section 1503 does not apply. Because there is no other activity alleged which constitutes [212 Cal.App.3d 1407] racketeering activity under section 1961, plaintiffs' RICO cause of action is deficient.
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