Opinion

In Re Marriage of Campa

  • 89 Cal. App. 3d 113
  • 152 Cal. Rptr. 362
  • 1979 Cal. App. LEXIS 1363
Court
California Court of Appeal
Filed
Feb 2, 1979
Status
Published
On the bench
Brunn
Cited by
38 cases
Authority
More cited than 9.3%

The opinion

THE COURT.

In its petition for rehearing the Fund contends that our opinion conflicts with the decision recently rendered by the United States Supreme Court in Hisquierdo v. Hisquierdo (1979) 439 U.S. 572 [ 59 L.Ed.2d 1 , 99 S.Ct. 802 ]. The Hisquierdo court reviewed a California marital-dissolution judgment in which the community property law of this state had been applied as the basis for awarding the wife an interest in future pension benefits to be paid the husband under the Railroad Retirement Act. ( 45 U.S.C.A. § 231 et seq.) The court held that California’s community property laws could not support the award because they conflicted with pertinent provisions of the Railroad Retirement Act, which had therefore preempted them by operation of the supremacy clause; (U.S. Const., art. VI, cl. 2; Hisquierdo, supra, at p. 590 [ 59 L.Ed.2d at p. 16 ].) In a footnote, however, the court expressly distinguished ERISA and established that the decision did not reach it. (Hisquierdo, supra, at p. 590, fn. 24 [ 59 L.Ed.2d at p. 16 ].) Hisquierdo therefore does not affect the present case.

The petition of the appellant Trust Fund for a hearing by the Supreme Court was denied April 12, 1979.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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