Ross
Ross v. Universal Studios Credit Union
Opinion
Opinion
Vogel, J.
Introduction
Harold L. Ross appeals from an order of dismissal after the trial court sustained without leave to amend the demurrer of Universal Studios Credit Union on the ground that the court lacked jurisdiction. Ross’s complaint alleged causes of action for malicious prosecution and abuse of process based on Universal’s filing a complaint in the United States Bankruptcy Court to bar Ross’s discharge in bankruptcy. Because Ross’s claims arise from a federal bankruptcy proceeding, federal law preempts them. We affirm.
Factual and Procedural Summary
For the purpose of determining the merits of a demurrer, the material facts alleged in the complaint are deemed admitted. (Serrano v. Priest (1971) 5 Cal.3d 584, 591 [ 96 Cal.Rptr. 601 , 487 P.2d 1241 , 41 A.L.R.3d 1187 ].)
Ross alleged that on May 3, 1994, Universal had a judgment entered in its favor and against him for money due on a note. In September 1994, Ross filed for bankruptcy under chapter 7 of the United States Bankruptcy Code in the United States Bankruptcy Court for the Central District of California. Universal filed a complaint in the bankruptcy proceedings requesting a determination that its 1994 judgment…