DiRaffael v. California Army National GuardAnnotate this Case
Plaintiff, appearing in propria persona, appealed from the denial of his petition for a writ of mandate directing the California Army National Guard (CAARNG) to vacate an order separating him, a commissioned officer, from CAARNG.
The Court of Appeal held that the Feres doctrine did not bar plaintiff's writ petition. The court also held that plaintiff failed to show that the trial court erred in concluding that CAARNG properly separated plaintiff based on federal regulations incorporated into state law, where states may incorporate federal law regarding appointment and termination of National Guard officers and plaintiff failed to show the trial court erred in concluding that the Military and Veterans Code incorporates NGR No. 635–100, subdivisions (5)(a)(8) and (5)(a)(22). Finally, plaintiff failed to show prejudice from any of the trial court's purported procedural errors. Accordingly, the court affirmed the trial court's judgment.