Choy

Choy v. Redland Insurance

Good Law
103 Cal. App. 4th 789·127 Cal. Rptr. 2d 94·2002 Cal. App. LEXIS 4977·2002 Daily Journal DAR 12921·2002 Cal. Daily Op. Serv. 11155
Court of Appeal of CaliforniaNovember 14, 2002B154372California5,071 words

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.

On November 17, 1994, Choy was severely injured in…

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