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California Military Law Questions & Answers
2 Answers | Asked in Divorce and Military Law for California on
Q: Can old, deleted, text messages be subpoenaed from AT&T to assist in divorce?

I have a confession that an affair took place, but it’s been deleted off my phone for a few years and I need it for court. He’s in the military.

Tobie Brina Waxman
Tobie Brina Waxman
answered on Aug 22, 2022

This is a tech question. Have you asked AT&T if the messages can be retrieved? Why is this information necessary for your case? California is a no-fault state. Meaning, an affair is not relevant, unless you are trying to prove that community funds were used to finance the affair, or... Read more »

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1 Answer | Asked in Civil Litigation, Constitutional Law, Government Contracts and Military Law for California on
Q: How to serve the Defendant documents in a federal civil case?

Hi, I am the Plaintiff in a federal civil case. I do not have attorney yet. I have 3 simple questions.

1, After I serve the original complaint and summons, can I serve other documents to Defendant MYSELF? I mean, can I sign the Certificate of Service and proof the service myself?... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Jul 22, 2022

1) yes, you can serve documents yourself after the Summons/Complaint are served by a process server (or someone other than yourself)

2) you must serve defendant's counsel with all papers in the case, not the defendant himself

3) service deadlines mean the documents must be...
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1 Answer | Asked in Civil Rights, Contracts and Military Law for California on
Q: I am a 56 yr African American veteran ( first Gulf War ). I was denied my right to file a formal complaint by the SF VA

One of the services I am eligible for is the VA RideShare Program. Staff at the Medical Center arrange transportation for veterans ( Dr. appts and other necessary trips ). I discovered soon after using the service, that the cost of many of the trips had been debited from my personal bank... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Jun 22, 2022

you need a lawyer who specializes in Veterans Benefits, not just a personal injury lawyer. Google that if you don't get an answer on this site.

A PI is more like car accidents and slip and falls.

2 Answers | Asked in Criminal Law and Military Law for California on
Q: I am shipping off to Basic Training for the military on FEb 8th.Last week I got 3 misdemeanors: possession, intoxicatio

Paraphernalia. I was informed the new LA DA is not pursuing any low level misdemeanors (including the ones I was charged with). The arresting officer also confirmed this. However, my court date is in April during which time I am supposed to be in Basic training. Any advice?

Paul Ylvisaker
Paul Ylvisaker
answered on Jan 4, 2021

If you were arrested, charged, and fingerprinted you dont have any choice; the military will find out eventually and a number of things could happen at that point, including a discharge for the convenience of the government while you are in training. If your MOS is at all reliant on ability to... Read more »

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1 Answer | Asked in Federal Crimes and Military Law for California on
Q: If I claim to be a veteran in order to obtain a discount from a company, would that be considered stolen valor?

If its not stolen valor, would it be a violation of any other law? Sources would be appreciated. Thank you.

Sabra M. Janko
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Sabra M. Janko PRO label
answered on Jul 16, 2020

Even if it is not stolen valor, if you are not a veteran it would be fraud.

1 Answer | Asked in Military Law for California on
Q: If we refinance a home in California that we had deferred payments on, do we then have to pay for those deferred payment

In our final amount owed statement our current mortgage company is adding the $16,000 to our current home loan amount. Now our refinance loan will be $16,000 higher than our current home loan.

Tim Akpinar
Tim Akpinar
answered on Apr 8, 2020

Unless your matter involves military legal issues, you could try reposting under Banking and Real Estate. There's no guarantee that every question is picked up, but your question remains open for five weeks and could have better chances of being seen in those categories. Good luck

Tim Akpinar

1 Answer | Asked in Divorce and Military Law for California on
Q: I filed for divorce in orange county, CA but my husband is military and didnt respond. Hes not deployed.

I filed and served him back in November. But because he is military, I am unable to get it sent to default, and I'm not sure what the next steps are to get it finished

Stephen Peter Anderson
Stephen Peter Anderson
answered on Mar 3, 2020

The Court can be asked to appoint an attorney to represent him under the Soldiers and Sailors Act. That attorney will ensure his rights are protected and so you can proceed with getting all your issues resolved. That he is not deployed is a good thing, as he will be available to testify in case a... Read more »

2 Answers | Asked in Criminal Law and Military Law for California on
Q: Active duty member. I was called into osi for the suspicion of violating 112 of the ucmj

It was 112A. However I have not been charged with anything, I did not answer questions,. I did not fail a UA, was not asked to take one and have not been removed from my job that I work at, at a secure site even after my commander was told and upon his request said I should still stay at my job.... Read more »

Louis George Fazzi
Louis George Fazzi
answered on Oct 29, 2019

No lawyer has a crystal ball to predict what your governing authority might be thinking. If you were not caught carrying, under the influence, or anything else consistent with being under the influence of a controlled substance described in § 112a, and since you were not arrested and charged with... Read more »

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1 Answer | Asked in Civil Rights and Military Law for California on
Q: D/C'd Honorably from Navy in 1986 after confessing to ships chaplain that I was gay. Time served: 8/1985 - 6/1986.

Requested an undeleted DD-214 form for veteran benefits for school. Am I a "veteran?"

Louis George Fazzi
Louis George Fazzi
answered on Oct 18, 2019

Yes, you are a veteran. You should visit the VA's website (https://www.va.gov) to determine what, if any, benefits to which you may be entitled. Thank you for your service.

1 Answer | Asked in Personal Injury and Military Law for California on
Q: What kind of a lawyer should I get to sue the California Labor Board for gross mishandling of my complaint?
Dale S. Gribow
Dale S. Gribow
answered on Oct 15, 2019

more info needed.

probably a labor/employment law litigator.

my concern is whether they would do it on a contingency or hourly............i suspect hourly.

the issue may be damages

1 Answer | Asked in Military Law for California on
Q: I was separated from the US navy while in boot camp for a kidney stone. I want to reenlist but now I am 40 years old.

My private Dr cleared me to go back. I might also need an age waiver.

Paul E. Tennison
PREMIUM
Paul E. Tennison
answered on Jul 10, 2019

Speak with a recruiter. Their job is to get people to enlist. They can educate you on the current waivers available. Keep in mind each of the services have different recruitment policies so you may want to check with each of the branches of the US Military. Good luck.

1 Answer | Asked in Criminal Law, Juvenile Law and Military Law for California on
Q: I was arrested for the following when I was 12.. I am now 26 and recently made contact with the attorney

that represented me in juvenile court. He suggested and is confident we can successfully unseal my record, file a motion to reduce all felonies to misdemeanors, file a secondary motion to have the case dismissed by a judge, and re-seal the record. By doing so, will that make me eligible for... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
answered on Feb 4, 2019

CA Penal Code 17b relates to reductions of crimes for juveniles, depending on the circumstances. See: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=17.

As for information in a background check, typically such checks uncover all arrests that...
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1 Answer | Asked in Family Law, Military Law, Municipal Law and Probate for California on
Q: My father just passed I'm his daughter there is no will and I need to know if I have any rights to his military benefits

His present wife never allowed him to be in our lives mom married him his first enlist year I was born un1964 he had vasectomy to ensure me and mynow deceased brother would have something after his death he married his wife after an affair my brother was still his custody but he died we didn't... Read more »

Richard Samuel Price
Richard Samuel Price
answered on Jan 16, 2019

His surviving spouse would be entitled to all of the community property that they owned, or any joint tenancy held property. Since he had two children, you both would share 2/3 of his separate property and his surviving spouse would be entitled to 1/3 of his separate property. But if he was... Read more »

1 Answer | Asked in Military Law for California on
Q: I was discharged from my military unit and I'm pretty sure it's because I'm gay. Can they still do that?
Steven McNicholl
Steven McNicholl
answered on Jan 9, 2019

In 2010, President Obama repealed the policy "Don't ask Don't Tell", preventing the military from discharging service men because of sexual preference.

1 Answer | Asked in Military Law for California on
Q: Can I be discharged from military service because of a cancer diagnosis?
Angelina Bradley
Angelina Bradley
answered on Dec 6, 2018

If you are an active duty service member with a cancer diagnosis, you will be processed through the Physical Evaluation Board process. The Navy will determine whether your cancer significantly interferes with the performance of your duties. Depending on how disabled you are determined to be (by the... Read more »

1 Answer | Asked in Military Law for California on
Q: Can I get out of the Navy Reserves if I need to help out family more

Dear Justia, I've been wanting to join the Navy Reserve and I spoke with a Navy Recruiter. Initially, I thought it was a 3 year contract, but learned it's a 6 year contract in the Reserve. I work part-time in construction, and also help part-time with my family. Several years ago, I... Read more »

Angelina Bradley
Angelina Bradley
answered on Oct 23, 2018

Hello. Yes, you can ask for a hardship separation from the Naval Reserve. Depending on where you are in your contract, you can also request to be transferred to the IRR so your drilling requirement would be eliminated -- you'd just have an annual check-in (and you'd still be subject to... Read more »

1 Answer | Asked in Military Law for California on
Q: I suspect my daughter is the victim of abuse - do I alert the base, or the regular cops?
Angelina Bradley
Angelina Bradley
answered on Oct 19, 2018

Where do you think the abuse occurred? If off-base, you should contact local PD for the criminal investigation, then contact your base Family Advocacy Program to report the abuse.

I specialize in Military Victim Rights. If it's sexual abuse, and the case heads to military criminal...
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1 Answer | Asked in Adoption, Family Law and Military Law for California on
Q: I want to reverse an adoption in LA CA in 2002 I am 23 now. I want to petition to get my OG birth cert. for military PIP

I can’t even seek an audience with the judge because it’s all done behind closed doors. All they tell me is they can’t give me advice or answer my questions. They tell me to get a lawyer.

Tobie Brina Waxman
Tobie Brina Waxman
answered on Sep 30, 2018

Were you adopted by a u.s. citizen? I'm not sure I understand what it is that you are trying to accomplish.

1 Answer | Asked in Military Law for California on
Q: Is it against any Marine corps order to use mass punishment when no Njp was issued for what everyone is punished

So we were stripped of our weekend liberty for threemarines failing a uniform inspection.

Angelina Bradley
Angelina Bradley
answered on Sep 17, 2018

You’re going to need to be more specific. “Mass punishment” is what? Removal of privileges may be just fine depending on how it was done. Or it could be hazing. Or it could be the command actually enforcing existing policy. Without more facts, I cant make an assessment.

SF

1 Answer | Asked in Military Law for California on
Q: If a charge was dismissed in a federal magistrate court, could a person go to special court martial for the same thing?

While on terminal leave, a friend of mine was charged with simple possession of a controlled substance on a federal property and had to appear in a federal magistrate court (where it was dismissed). His command found out about the incident and put him on legal hold just a few days before his EAOS... Read more »

Robert Donald Gifford II
PREMIUM
Robert Donald Gifford II
answered on Aug 22, 2018

If it was dismissed "with prejudice" in the federal court, then there is an argument that the courts-martial may be bound by that dismissal. It depends on the reason and grounds it was dimissed. If the dismissal is silent, it's likely "without prejudice" and still subject to UCMJ action.

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