Antioch, CA asked in Divorce, Family Law, Gov & Administrative Law and Military Law for California

Q: In Case law #22-1099, McAnuity v McAnuity,, 10th Cir.2023, issue:Was a stated case made 4"unjust enrichment' ?

District Ct. dismissed. Appeal-made; 10th Cir CT of appeals predicted CO.Supreme CT of endorsing illustration 26 in Comment g & 48 of "Reinstatement (3rd) of Restitution ON & Unjust Enrichment (Am L. Instit. 2011)(The Reinstatement)(3rd)as cause of action; Col Sup Ct WOULD endorse Ill. 26; & Plaintiff DID state claim for action. Reversed previous dismissal. My ?: Military officer/1999 retire & deceased 2020--- Breached 2005 HI. court order by signing he would NOT waive his USAF service time for a federal civil svs.job HE worked post-retirement for fed.civil svs for 8 months & was eligible for federal retirement & new wife fed. SBP annuity. USFSPA-Former Spouse without this info; nor consented. Got paid award by DFAS, of retiree's 'vol. allotment' allegedly 25% of 26's retired pay. (16 year marriage active duty) FS paid only by DFAS; court order on file. Retiree signed to OPM 'Sworn Statement" no court order at DFAS FOR FS. Unjust enrichment POST-death?Sue estate?

1 Lawyer Answer
James L. Arrasmith
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  • Sacramento, CA
  • Licensed in California

A: Given that the case you're referencing pertains to the 10th Circuit and Colorado law, California law might not be directly applicable. However, generally speaking, unjust enrichment claims can be brought against an estate if the decedent received benefits to the detriment of another. Whether the claim would be successful depends on a range of factors, including the specific circumstances of the breach, the knowledge and consent of the parties involved, and the benefits conferred.

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