1065-66 (9th Cir.2004) (internal citation omitted); Moore v. Kayport Package Exp., Inc., 885 F.2d 531, 541 (9th Cir.1989). Defendants challenge Plaintiffs’ RICO claim for failure to sufficiently allege: (i) conduct (ii) of an enterprise, and (iii) racketeering activity. The Court will first address conduct of an enterprise. Section 1962(c) targets conduct by “any person employed by or associated with any enterprise .... ” The Supreme Court has recognized the basic principle that Section 1962(c) imposes a distinctiveness requirement — that is, one must allege two distinct entities: a “person” and an “enterprise” that is not simply the same “person” referred to by a different name. Cedric Kushner Promotions, Ltd. v. King, 533 U.S. 158, 161 & 166, 121 S.Ct. 2087, 150 L.Ed.2d 198 (2001) (<HOLDING>). The Court noted that the distinctiveness
holding that a corporation is held responsible for acts not within the agents corporate powers strictly construed but which the agent has assumed to perform for the corporation when employing the corporate powers actually authorized and in such eases there need be no written authority under seal or vote of the corporation in order to constitute the agency or to authorize the act holding that illegal sexual harassment is an illegitimate corporate activity beyond the scope of the supervisors employment holding that it is well established that whether an employees actions were within the scope of employment is a question of fact and even if some of the actions were unauthorized the question of whether the actions were within the scope of employment is for the jury holding that the activities of two loan officers acting within the scope of their authority could not subject them to rico liability for conducting the affairs of the alleged enterprisebank holding that under section 1962c distinctiveness is satisfied and rico applies when a corporate employee unlawfully conducts the affairs of the corporation of which he is the sole owner  whether he conducts those affairs within the scope or beyond the scope of corporate authority