Ross

Ross v. Universal Studios Credit Union

Good Law
115 Cal. Rptr. 2d 712·2002 Cal. App. LEXIS 792·2002 Daily Journal DAR 823·95 Cal. App. 4th 537·2002 Cal. Daily Op. Serv. 614
Court of Appeal of CaliforniaJanuary 23, 2002B146180California1,259 words

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…

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