Paul Alpha Grant v. Greystar Real Estate Partners, LLC; and Conservice, LLC

Summary

The United States District Court for the District of Hawaii granted Greystar Real Estate Partners, LLC and Conservice, LLC’s motions to dismiss claims arising from an alleged residential utility-overbilling scheme. The court dismissed the civil RICO, Hawaii retaliatory-eviction, and spoliation claims, granting leave to amend the RICO and retaliation claims but not the spoliation claim. Plaintiff was given until March 27, 2026, to file a second amended complaint.

Holdings

1. The amended complaint plausibly alleged the existence of an association-in-fact RICO enterprise because it alleged a common purpose of operating a utility-overbilling scheme, complementary roles, and sufficient continuity and longevity.
2. The amended complaint failed to plausibly allege a pattern of racketeering activity because its wire-fraud allegations did not identify the circumstances of the predicate acts with the particularity required by Federal Rule of Civil Procedure 9(b).
3. The amended complaint failed to state a retaliatory-eviction claim because Plaintiff did not allege that he engaged in protected activity covered by HRS § 521-74 and did not adequately allege other statutory prerequisites.
4. The amended complaint did not assert an independent cause of action for spoliation, and the spoliation claim was dismissed without leave to amend.

Questions Presented

1. Whether the amended complaint plausibly alleged a civil RICO enterprise and a pattern of racketeering activity based on predicate acts of wire fraud.
2. Whether the amended complaint stated a retaliatory-eviction claim under Hawaii Revised Statutes § 521-74.
3. Whether the amended complaint asserted an independent claim for spoliation of evidence.
4. Whether leave to amend should be granted for the RICO and retaliation claims.

Disposition

other