Medina
Medina v. Vander Poel
Opinion
Lead Opinion
Lawrenceneill, J.
ORDER RE: APPEAL
I. INTRODUCTION
This case is on appeal from an Order of the bankruptcy court granting Appellee William P. Vander Poel’s motion for summary judgment, which held that Appellant Luis Medina’s claims against Appellee sounding in California’s “Private Attorney General Act” (“PAGA”), Cal. Labor Code §§ 2699-2699.3 , were discharged under 11 U.S.C. § 727 . Appellant’s Opening Brief (“Medina’s Brief’), Doc. 11 at 1.
II. UNDISPUTED FACTUAL AND PROCEDURAL BACKGROUND
According to the complaint filed in the underlying adversary proceeding, Appellant filed a lawsuit in federal court against Appellee and the company of which Appel-lee was a principal (Tule River Ranch) in January of 2008. Excerpts of Record (“ER”), v. I, tab 1, (“Complaint”), ¶ 6. The lawsuit asserted that Appellee and his company were liable under various laws pertaining to wage and hour matters. Id. The federal case was dismissed and Appellant filed a similar case in state court in November of 2010. Id. at ¶¶ 7-8 . This case also asserted PAGA claims, which authorizes the collection of civil penalties for alleged violations of the California labor code. Id at ¶ 10.