Shadrack Goad v. McT Group

Court of Appeals for the Ninth Circuit · 10-55615 · 2014-05-29 · Unpublished

Shadrack S. GOAD, Plaintiff-Appellant, v. MCT GROUP; Et Al., Defendants-Appellees

Area: other
Panel: Carlos T. Bea (author), Richard R. Clifton, Paul J. Watford

Analysis

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Opinion

FILED NOT FOR PUBLICATION MAY 29 2014

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

SHADRACK S. GOAD, No. 10-55615 Plaintiff - Appellant, D.C. No. 3:09-cv-01321-BTM- POR v. MCT GROUP; et al., MEMORANDUM* Defendants - Appellees.

Appeal from the United States District Court for the Southern District of California Barry T. Moskowitz, Chief Judge, Presiding Submitted May 13, 2014** Before: CLIFTON, BEA, and WATFORD, Circuit Judges.

Shadrack S. Goad appeals from the district court’s judgment on the pleadings in his action alleging violations of the Fair Debt Collection Practices Act (“FDCPA”) and the California Rosenthal Fair Debt Collection Practices Act (“RFDCPA”). We have jurisdiction under 28 U.S.C. § 1291. We review de novo.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). MacDonald v. Grace Church Seattle, 457 F.3d 1079, 1081 (9th Cir. 2006). We affirm.

The district court properly granted judgment on the pleadings because the Bankruptcy Code precludes Goad’s claims. See Walls v. Wells Fargo Bank, N.A., 276 F.3d 502, 504, 510-11 (9th Cir. 2002) (holding that a discharged debtor may not bring a claim under the FDCPA regarding violation of a bankruptcy discharge injunction because it would “circumvent the Bankruptcy Code’s remedial scheme”); see also Cal. Civ. Code § 1788.17 (the RFDCPA’s incorporation by reference of the FDCPA).

We do not consider arguments raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009) (per curiam).

AFFIRMED.

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