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   State Courts - California - September 29 - October 3, 2000

  
Carpenters Health & Welfare Trust Fund v. McCracken, No. A084037., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, September 29, 2000, Decided
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Overview: Plaintiffs' common law breach of contract claim to recover benefits paid under an employee benefit trust fund was not preempted by Employee Retirement Income Security Act of 1974.

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Edgerton v. State Pers. Bd., No. A083792., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, September 29, 2000, Decided
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Overview: Public employee's termination, after failing drug tests, reversed where employer failed to properly track chain of custody of urine sample, and off-duty testing violated employee's privacy rights.

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Estate of Powell, No. C032008., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, September 29, 2000, Decided
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Overview: Upon husband's revocation of a trust containing community property, one-half of trust assets were returned to husband and the other half was disposed of according to decedent wife's will.

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Lammers v. Superior Court, No. D035476., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, September 29, 2000, Decided
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Overview: Local rule requiring prehearing notice if prehearing review of submissions is required is not unconstitutional, so long as noncomplying litigants receive a full hearing at some point in time.

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Shaw v. Hughes Aircraft Co., No. G021049., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, September 29, 2000, Decided
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Overview: A corporation's parent company had standing to bring suit following a judgment against the corporation, because the parent company was a party legally aggrieved by the adverse judgment.

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Wilshire-Doheny Assocs. v. Shapiro, No. B135292., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, September 29, 2000, Decided
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Overview: Appellants' motions for attorney's fees were improperly denied because appellants had prevailed on the merits in defense of respondents' cross-complaint, and a showing of good faith was not required.

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Wise v. Thrifty Payless, No. C032388., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, September 29, 2000, Decided
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Overview: As a nonlitigant to the judicial proceedings, defendant was not protected from liability under the litigation privilege for an unauthorized disclosure of prescription drug information.

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Citicorp N. Am. v. Franchise Tax Bd., No. A086925., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, October 2, 2000, Decided
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Overview: In assessing the income of a non-resident unitary business, the Franchise Tax Board properly considered the amount of income apportionable to taxpayer's California operations.

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People v. Tye, No. A085437. No. A086610., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, October 2, 2000, Decided
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Overview: In a criminal case where a defendant was convicted of a crime and the sentence included a period of parole, the trial court was required to impose a restitution fine.

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Estate of McGuigan, C030062, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, October 3, 2000, Filed
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Overview: In a probate proceeding, a representative for an heir's estate had a right to bring an action to assert the heir's claim to escheated property.

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