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Nicholas Basil Spirtos

Nicholas Spirtos’s Answers

12,809 total


  • Can they do that even though I have a signed contract with them? And is there anything I can do?

    In jan of 2015 I signed a new contract with sprint for $50 a month unlimited everything. And every time a a new I phone comes out I can switch. Every month since then I've been charged anywhere from $80 to $167 a month. Every month I call sprint a...

    Nicholas’s Answer

    If they made a mistake in drafting the agreement, they may have to live with the consequences. But a mistake can be grounds to invalidate a contract. To know for sure, you need to take the agreement to a local attorney for review.

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  • Is a contract valid if I did not get a copy at the time we signed it?

    I signed a settlement agreement, but was unable to get a copy at that time. The other party told me they would send me a copy. I expected that to be the next day, as they said they only needed to copy it. It was two weeks later that they emailed m...

    Nicholas’s Answer

    I suspect that the agreement is valid, especially since you signed it at the time it was created.

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  • How serious is it that I forgot to verify my response to complaint? The plaintiff is demurring my answers.

    I forgot to verify my response to complaint and now the plaintiff is demurring my response asking for all the answers to be stricken out so that he can get a judgement based on a default. How deep in the feces am I? thanks I did sign it and send...

    Nicholas’s Answer

    Demurrers to answers are rare, and most judges find them to be a waste of time. But it is within a party's right to demur to an answer. If the only issue is that your answer was not verified (and the complaint was verified) then the solution may be to just file an amended, verified answer.
    What might be best for you is not something that can be stated on this forum without at least seeing the complaint, your answer and the demurrer. Take everything to a local attorney for review. You should at least consult with an attorney to see if there may be some other way to respond.

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  • My question is do they have any legitimate claim to file a suit and do I have any recourse about their disruptive behavior?

    After months of constant excessive noise and multiple complaints from both myself and other neighbors, my upstairs neighbors have been issued with a 60 day notice to move out. Last night they left a letter on my door, that aside from just bein...

    Nicholas’s Answer

    Technically, anyone can sue anyone else for anything, so yes, these neighbors could file a lawsuit against you. But any such lawsuit would be meritless. They would likely have a problem finding an attorney to bring such a lawsuit.
    As for the continuing disruptive behavior, keep a log and make sure you give the information to your landlord. He is doing the right thing by evicting them and the more they act out, the more likely it will be that a court will evict them. Cooperate with your landlord since you are all obviously striving for the same goal.

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  • I want the company that tested me to write a second declaration admitting how unprofessional the entire episode was. How?

    My former spouse had permission to demand I submit to a urine drug test without notice. I did and the company that tested me did not show me identification or give me a copy of the consent form I signed or a chain of custody form. The company used...

    Nicholas’s Answer

    Yeah....., that's not going to happen. If the second lab determined that there was no THC and the first lab was wrong, that is about all you can expect. If the first test was the basis for some ruling against you, you can ask the court to modify the ruling based on the second test. You are getting into complex areas. You probably should contact a family law attorney to make sure you get the best results.

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  • What can I do? Can I file a motion to the court for the court reporter to send the transcripts to us independently?

    My wife and I filed a civil case, jointly, against a corporation. We do not have a lawyer. We are handling the case ourselves. We had our deposition by the defendant's attorney whose office was a 45-minute drive from our home. Before the dep...

    Nicholas’s Answer

    The California Civil Discovery Act provides that the court reporter will maintain custody of the original deposition transcript until trial and the deponent can review the transcript at the court reporter's office location. In Northern Cal, most attorneys follow the code. In Southern Cal, most attorneys stipulate at the end of the deposition how the transcript will be handled. In most cases the attorneys agree that the deponent's attorney will get and maintain the original transcript and have his/her client review it. Since you don't have an attorney, that probably did not happen in your case. Most court reporting companies have multiple offices - maybe you can work with them to send the original to a closer office. You may also be able to make arrangement with the other attorney for some different method. You can also purchase your own copy of the transcript, which is probably the simplest and best way to handle this. Then review it and notify everyone of any changes.

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  • Can she put a no contact order?If not,what do I do?If she can,what do I do?I'm not sure what me being a good influence is to her

    My boyfriends drug court p.o. put a no contact order between us today. I have no record and have never been in trouble with the law. I was however working at a rehab at the time I met him, the rehab he was at. Nothing happened while he was there a...

    Nicholas’s Answer

    The P.O. cannot impose any prohibitions on you without a court order, but she can prohibit him from having contact with you or anyone else as a provision of his parole. Your boyfriend probably needs to deal with this. He should contact his attorney for help, or if he does not have one, may need to contact the parole officer to figure out how to make her happy.

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  • Am I now prevented from filing in Superior Court because of my non submittal of a Proposed Findings in Fact?

    I had an hearing with the Los Angeles County Assessment Appeals Board and, requested and paid for a "Findings in Fact" in order to be able to appeal their decision in Superior Court. I did not submit a "Proposed Findings in Fact" to them prior to...

    Nicholas’s Answer

    If you did not pursue all available and required administrative remedies first, you could be barred from pursuing your claims in superior court. You need to take everything to a local attorney for review and consultation.

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  • How much does Los Angeles city business license (business tax certificate) cost?

    How much does Los Angeles city business license (business tax certificate) cost?

    Nicholas’s Answer

    Check with the city for the exact amount. I believe there is a minimum fee of about $60 and it increases from there based on the volume of business one does in the city.

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  • Are my civil rights being violated by my medical insurance agencies, and why should my only option be limited to one male GYN?

    My issue; i feel my civil rights as a woman, have been grossly violated today by the following insurance agencies. I was on the phone for 6 hours, going back and forth with Cobra insurance, United Health Care and Mid County Medical insurance pro...

    Nicholas’s Answer

    Your civil rights are not being violated. I highly doubt that there is only one doctor in all of San Diego that will accept your particular insurance. There are almost 250 female doctors in the San Diego area that provide OB/GYN services, most of whom accept any insurance. Do your own search and start contacting the doctors instead of your insurance company. You should have little problem finding one that will take your insurance.
    This really isn't a legal issue.

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