Choy
Choy v. Redland Insurance
Opinion
Opinion
Croskey, J.
Anthony Choy, the plaintiff below (Choy), appeals from judgment on the pleadings and the resulting dismissal with prejudice of his complaint against the defendants Redland Insurance Company (Redland), Acceptance Insurance Company (AIC; collectively insurer defendants), Zinder, Blackburn, Park, Clements & Keenan, Mercer & Zinder, Kevin H. Park and Zinder, Blackburn & Park (attorney defendants). The trial court granted the motion of the insurer and attorney defendants on the ground of a lack of jurisdiction to proceed because the trial court held that Choy’s complaint arose from and was based upon matters that were within the exclusive jurisdiction of the federal bankruptcy court.
After a review of the record and the relevant statutory and case law, we have concluded that the trial court’s ruling was correct. We will therefore affirm.
Factual and Procedural Background
On January 31, 2000, Choy filed this action against the insurer and attorney defendants. He alleged two causes of action: (1) intentional infliction of emotional distress and (2) abuse of process. In support of those claims he alleged the following facts.