Myzer v. Emark Corp.

Opinion

HUFFMAN, J.

Jeff Myzer brought this class action on behalf of employees of Emark Corporation (Emark) who had been denied wages and benefits due. The court denied his motion to determine priority of claims and granted the cross-motions of defendants Pat Keig, Mike Rummel and Rieck and Crotty, P.C. (Rieck & Crotty), Emark’s secured creditors. Myzer appeals the denial of his motion and the ensuing judgment, contending the employees’ claims are entitled to priority under Code of Civil Procedure 1 section 1205. We agree.

Factual and Procedural Background

Rieck & Crotty’s Claim

Rieck & Crotty…