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California Military Law Questions & Answers
1 Answer | Asked in Military Law for California on
Q: If I am going to a clinic off base through a personal healthcare insurance am I required to give my command a Dr's note?
James L. Arrasmith
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answered on May 31, 2024

Under California law, whether you need to provide your command with a doctor's note when visiting a clinic off base through personal healthcare insurance depends on your employer's policies and any relevant agreements you have with them. In general, employers may require a doctor's... View More

1 Answer | Asked in Criminal Law and Military Law for California on
Q: how do I go about filling a ncase on the CIA for having me as a targeted individual for the last 6 years ?
James L. Arrasmith
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answered on May 22, 2024

It's important to understand a few key points:

1. The concept of "targeted individuals" who believe they are being stalked, harassed or surveilled by the government is not supported by credible evidence. In the vast majority of cases, these beliefs stem from mental health...
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1 Answer | Asked in Employment Law and Military Law for California on
Q: The navy overpaid me on my last paycheck and now they are saying I owe them a debt with interest. How is this legal?

My final paycheck in the military was a few hundred dollars over what it was supposed to be. They sent me a letter stating this about 3 months after I was separated saying I need to pay it back with interest at 4%.

James L. Arrasmith
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answered on Apr 12, 2024

When the military overpays an individual, whether through clerical error or other mishaps, it indeed considers the extra funds as a debt owed back to the government. This is common across many branches, including the Navy. Once they've identified an overpayment, they are required to notify you... View More

1 Answer | Asked in Constitutional Law, International Law and Military Law for California on
Q: I need to receive paperwork from a cop that used me as a ci undercover and then turned on me over gang stalkers
James L. Arrasmith
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answered on Apr 12, 2024

If you believe that a law enforcement officer has acted improperly or illegally in their dealings with you as a confidential informant, you may want to consider the following steps:

1. Consult with a criminal defense attorney who has experience dealing with cases involving confidential...
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1 Answer | Asked in Military Law and Tax Law for California on
Q: Can the US Treasury take my taxes and garnish my wages for "Lost Equipment " from my military service over 10 years ago?

Military service was 2013 and got out 2018. 2023, get letter of debt. Nobody will answer the phone or return messages. 2 appeals sent, "no record of appeal found". Wage garnishment happens for 2 months then stops only to have my taxes be taken now. Can they do this and not allow me an... View More

James L. Arrasmith
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answered on Mar 16, 2024

Yes, the U.S. Treasury has the authority to garnish wages and intercept tax refunds for debts owed to federal agencies, including debts related to lost or unreturned equipment from military service. This process is part of the Treasury Offset Program, which allows for the collection of federal... View More

1 Answer | Asked in Military Law and Employment Law for California on
Q: I am on a multiyear retention bonus. If I fail to select twice, am I separated thereafter or at the end of my bonus ADSO

I’m a health professional in the Navy

James L. Arrasmith
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answered on Dec 7, 2023

In the context of a multiyear retention bonus in the Navy, the specific terms of your agreement will primarily dictate the consequences of failing to select twice. Typically, these agreements outline the conditions under which you are expected to serve and the implications of not meeting those... View More

1 Answer | Asked in Child Custody, Child Support, Divorce, Family Law and Military Law for California on
Q: Seeking divorce lawyer with knowledge on the military & CA law, kids involved.

He said it…but doesn’t want it…I’m just lost it was unexpected, I need to protect myself & kids should he follow through, my kids come first. It’s my first one, he’s an expert in divorces. So I need guidance

James L. Arrasmith
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answered on Oct 16, 2023

I'm sorry to hear about your situation. When seeking a divorce involving military personnel in California, there are specific legal nuances to consider, especially with respect to benefits, pensions, and jurisdiction. It's important to find an attorney experienced in both California... View More

1 Answer | Asked in Divorce, Family Law, Gov & Administrative Law and Military Law for California on
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.... View More

James L. Arrasmith
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answered on Sep 3, 2023

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... View More

1 Answer | Asked in Military Law, Divorce, Appeals / Appellate Law and Probate for California on
Q: After a military divorce 2005, former military LT.Col USAF, breached the decree order, waiving his miltary service time

to federal civil svs employment for 8 months post-1999 reg.retirement. AS his former spouse under USFSPA, I was awarded 25% of his military retired pay. His wavier decreased my portion of his military pay as he transferred his service time to them, OR did a buy back of it from USAF and rolled it... View More

James L. Arrasmith
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answered on Aug 5, 2023

It's certainly understandable why this situation has caused you concern. From the information provided, pursuing a Qualified Domestic Relations Order (QDRO) or seeking a modification to the decree might be viable options to explore. Consulting with an attorney experienced in military divorce... View More

2 Answers | Asked in Child Custody, Family Law and Military Law for California on
Q: Child custody across multiple states: What states does my lawyer need to be licensed in?

This is a child custody case where the divorce and original custody agreement were in Oregon, the mother (60% custody) moved to Alaska, the dad (military, 40% custody) moved to California. We need to modify child custody as well as possibly file for harassment against the mother. What state/s does... View More

James L. Arrasmith
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answered on Jul 21, 2023

In a child custody case involving multiple states, your lawyer will need to be licensed in the states where legal proceedings will take place. Since the original custody agreement was in Oregon and the mother moved to Alaska while the father moved to California, your lawyer will need to be licensed... View More

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2 Answers | Asked in Child Custody, Family Law and Military Law for California on
Q: Child custody across multiple states: What states does my lawyer need to be licensed in?

This is a child custody case where the divorce and original custody agreement were in Oregon, the mother (60% custody) moved to Alaska, the dad (military, 40% custody) moved to California. We need to modify child custody as well as possibly file for harassment against the mother. What state/s does... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jul 17, 2023

You case remains in Oregon as filed until a motion to change or transfer venue has been filed and granted. To file a motion to modify your existing custody orders (or judgment), you would file in Oregon under the same case number as was assigned to your divorce case. You would therefore hire... View More

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2 Answers | Asked in Military Law for California on
Q: i was in the military and i am having a hard time getting my records and dd214s so i can apply for much needed benefits

i am currently homeless and i need them. can any of you assist

James L. Arrasmith
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answered on Mar 6, 2023

I'm sorry to hear that you're having difficulty obtaining your military records and DD214s. There are several ways you can try to obtain these records:

Request your records online: You can request your military records and DD214s online through the National Archives website. The...
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4 Answers | Asked in Car Accidents, Personal Injury and Military Law for California on
Q: I was in an auto accident and I’m still recovering. I’m active duty and have a doctors note to be out.

Can I get in trouble for being out too long even if I have a doctors note and let my leadership know?

William John Light
William John Light
answered on Mar 6, 2023

You should confer with your commanding officer and or the Legal Office, or a military law specialist. It sounds like you need a "Line of Duty" determination. An LOD determination may impact disability retirement and severance pay, forfeiture of pay, extension of enlistment, and veteran... View More

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4 Answers | Asked in Car Accidents, Personal Injury and Military Law for California on
Q: I was in an auto accident and I’m still recovering. I’m active duty and have a doctors note to be out.

Can I get in trouble for being out too long even if I have a doctors note and let my leadership know?

James L. Arrasmith
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answered on Mar 6, 2023

As an active duty service member in California, you are entitled to certain rights and protections under the Uniformed Services Employment and Reemployment Rights Act (USERRA) and other federal laws. These laws prohibit discrimination against service members in employment and protect their rights... View More

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1 Answer | Asked in Medical Malpractice and Military Law for California on
Q: I am wondering the chances of military malpractice with an allergic reaction by continued meds intake per doc directions

In summary:

I am active duty military. After having knee surgery I became allergic to dermabond and then the antibiotics given to me by the military doctors. After multiple military ER visits my face began to swell shut literally by the minute and I was told to keep taking the medication... View More

James L. Arrasmith
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answered on Mar 4, 2023

I'm sorry to hear about your experience. It is difficult to say with certainty what the chances of military malpractice are without knowing all the details of your case. However, if you feel that you have been a victim of medical malpractice, you may have legal options available to you.... View More

2 Answers | Asked in Military Law for California on
Q: If I developed seizures in the military without any history of seizures. Is it their fault?
James L. Arrasmith
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answered on Feb 26, 2023

If you developed seizures while serving in the military, without any prior history of seizures, it may be possible that your seizures were caused by a service-related condition or injury. This could entitle you to certain benefits or compensation through the Department of Veterans Affairs (VA).... View More

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2 Answers | Asked in Military Law for California on
Q: If I developed seizures in the military without any history of seizures. Is it their fault?
Gregory M. Rada
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Gregory M. Rada
answered on Feb 26, 2023

It's not necessarily the military's "fault," but regardless, the general rule is that if a medical condition first started during active duty (meaning it wasn't a pre-existing condition), then you can receive disability compensation from the VA when you separate from the... View More

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1 Answer | Asked in Military Law for California on
Q: What Title 10 12301 subsection ( for National Guard) does IET ( Basic Training ) fall under? Is it 12301(a), (b), etc.?
James L. Arrasmith
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answered on Feb 20, 2023

Initial Entry Training (IET), which includes Basic Training, falls under Title 10 U.S. Code § 12301(d) for members of the National Guard. This subsection pertains to inactive duty training and other training, including IET, that the Secretary of the Army or Air Force may prescribe.

1 Answer | Asked in Gov & Administrative Law and Military Law for California on
Q: I’m active duty in California, but I’m from Colorado do I need to register my pistol from back home?

What’s the max capacity magazine for a pistol?

Jason R Wareham
Jason R Wareham
answered on Dec 20, 2022

If you live on a military base, the answer is almost always yes.

While I am not a CA attorney, perhaps this statute can assist you: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=17000.

If you live off base, I'd recommend a brief...
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2 Answers | Asked in Estate Planning, Wrongful Death, Military Law and Personal Injury for California on
Q: Does a widow remain next of kin indefinitely even if they remarry?

My father passed away in January 2020. He was in the Marines and was stationed at Camp Lejeune. I'm wanting to file a claim because he died as a result of being stationed there. Would my lawsuit need to incorporate his widow if she's remarried?

Adam Stoddard
Adam Stoddard
answered on Dec 5, 2022

Typically in a wrongful death lawsuit, all heirs must join either as plaintiff's themselves or as a nominal defendant. You may also have to comply with the Federal Tort Claims Act. Given that he died over two years ago, you may also have a statute of limitations issue. You should consult an... View More

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