Shadrack Goad v. McT Group

576 F. App'x 707

• Court: Court of Appeals for the Ninth Circuit
• Decided: May 29, 2014
• Docket: 10-55615
• Status: Unpublished

Opinion

MEMORANDUM **

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. 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.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.