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 
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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
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
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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
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
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
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
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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
i am currently homeless and i need them. can any of you assist
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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... View More
Can I get in trouble for being out too long even if I have a doctors note and let my leadership know?
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
Can I get in trouble for being out too long even if I have a doctors note and let my leadership know?
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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
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
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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
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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
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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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.
What’s the max capacity magazine for a pistol?
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§ionNum=17000.
If you live off base, I'd recommend a brief... View More
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?
answered on Dec 5, 2022
If she was married to your father at the time of his death, she likely needs to be included. The fact of re-marriage would likely affect her claim for damages, though. Discuss with a knowledgeable personal injury attorney.
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?
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
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.
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... View More
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?... View More
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... View More
American Legion (A.L) non profit has held a lease w Merced Co. board of supervisor A.L. claiming owenership of building verbally allowing other vet. orgs. to utilize the buidling. For over a decade A.L. violently threatened n physically removed VFW members and even some of their own members from... View More
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answered on Jul 6, 2023
I'm sorry to hear about the difficult situation you're facing with the American Legion (A.L) and their management/lease of the Memorial Building. It's important to consult with a lawyer who specializes in California Military/Veteran Code and lease agreements for accurate guidance.... View More
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answered on Mar 6, 2023
I suggest looking for a lawyer directory for attorney's who are familiar with military law.
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... View More
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.
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?
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... View More
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