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Nicholas Basil Spirtos

Nicholas Spirtos’s Answers

13,850 total


  • Civil lawsuit: How to aggregate replies, responses and hearing dates when multiple defendants are involved? 9 Defendants are

    named in a malicious prosecution complaint. There may be 3 - 5 attorneys defending mutually exclusive Defendants. It is unlikely all defendants will have the same attorney since such would be a conflict of interest. I am plaintiff. If multiple a...

    Nicholas’s Answer

    If each of the 9 defendants files a separate motion, you will have to file a separate response to each one. You could use the same basic pleading, but will want to address each motion separately. If the motions are similar, you could reach an agreement with the other parties to just have one of them heard, stay all the others pending the outcome of the first, and then respond to the others if necessary. That could be done through a stipulation and the court would likely appreciate that sort of cooperation.
    Anti-SLAPP litigation is complex. You should try and find an attorney to help you.

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  • Court Rule 8.212 (a) (3) - does 5 day extension for mail service apply?

    Court Rule 8.212 (a) (3) - does 5 day extension for mail service apply? I am wondering because Rule says that 20 days from filling not serving the response brief. and if it was served by priority mail 1 day -is it 5 or 2 days extension?

    Nicholas’s Answer

    This is a question best directed to appellate attorneys who actually practice in California. Changing your category so the right attorneys see it. Be careful taking procedural advice from non-California attorneys that may not be familiar with the rules of procedure followed by our courts.

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  • Is a Motion to Set Aside Default Judgement and Quash Writ of Possession for Insufficient Service of Process proper?

    I was served a 5-Day Notice to Vacate by the Sheriff but was not served with a Summons and Complaint or notice of a trial date. Apparently there was a trial on June 28, 2016 at which time a default judgment was entered against me on an unlawful de...

    Nicholas’s Answer

    If you were not served, you need to file a motion to set aside the default and default judgment. You really should contact a landlord tenant attorney for help with this. Relying on a non-attorney's pleadings may not be your best bet.

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  • I received 5-Day Notice to Vacate but was never served. POS on file shows moving party served summons himself. What should do?

    The landlord apparently filed an unlawful detainer and claims to have served it himself, although I never received service or notice from the court regarding a trial date, which was held on Jun 28, 2016 at which time a default judgment for possess...

    Nicholas’s Answer

    If you were not served, you need to file a motion to set aside the default and default judgment. You really should contact a landlord tenant attorney for help with this. Relying on a non-attorney's pleadings may not be your best bet.

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  • Can a peremptory challenge be waived?

    The waiver is in a stipulation for a temporary judge requested by the parties (JAMS), not court-appointed. Who draws up the stipulation, one or both of the parties or the appointee? (Or is that another question to post separately?)

    Nicholas’s Answer

    The parties can agree to waive any rights they may have. As for the drafting of documents, that is up to the parties or the judge to decide. Usually one of the parties volunteers. If no volunteers, the judge would make the selection. Be careful signing any agreement that waives or affects your rights without having an attorney review it first.

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  • If a person has proof of the intent of the testators on what charity they wanted to give to by having them on a DVD ..

    ... Saying this, Is that proof enough? How likely will the charities give the money back..?

    Nicholas’s Answer

    Doubtful that a charity is going to give back money which was handed to them through a trust or probate. This is a matter for the executor of the trust or probate to deal with. It may take a court order, but if the video differs from the terms of the written trust or will, it may not matter.

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  • Can an attorney state he represents 1 defendant, hold settlement talks with plaintiffs/parties concerning this defendant only,

    and then later the insurance company lawyers tells plaintiffs they represent this defendant and this defendants former lawyer is also associate counsel, AFTER entering settlement talks?Is this a conflict of interest?

    Nicholas’s Answer

    Everything you describe is proper and happens all the time - no conflict of interest. A lot of times a party will have a private attorney, and then when the dispute gets submitted to the insurance company, the insurance will appoint another attorney to represent the same party. Both attorneys can represent the single party if the party wants that.

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  • Can I take back my property?

    My tenant's contract was about to end and after paying late, lying about why she was late several times and recently arrogantly stating she was out of town, couldn't pick up her check and telling me if I don't like it I could release her when her ...

    Nicholas’s Answer

    If she gave you notice and moved out, you should be able to re-key the unit and move new tenants in. As for the deposit, you have 21 days from the date of her moving out to provide a list of deductions supported by receipts or estimates and a refund of any amounts left. If you don't do this within 21 days, then you would not be entitled to retain any of the deposit.
    There is a landlord tenant guide book at the department of consumer affairs website. You should read it. It tells you how to deal with security deposits and what you can, and cannot, deduct from the deposit.
    You may also want to contact a local landlord tenant attorney for help. Your post makes me think you will need it.

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  • Can I sue the court system?

    I had a small claim court as I was plaintiff because my car got hit from the end driver side , I had a lot pictures and $7200 injuries bills hospital, ambulance..etc, Denfendant had no documents, Judge made it defendant doesn't owe me anything ,...

    Nicholas’s Answer

    No, you can't sue the court system. The proper remedy would be to file an appeal. But, since this is small claims court and you are the plaintiff, there is no appeal.
    You may want to contact a local personal injury attorney to see if there is anything that you can do, but you may be out of luck.

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  • Dealing with FOIA requests to USCIS

    Years ago I applied for OPT and my petition got denied. Recently I filed a FOIA with EOIR. The lady I spoke to said they checked ALL courts but they didn't find any record with my name. I also filed a FOIA with USCIS using https://www.dhs.gov/dhs-...

    Nicholas’s Answer

    I am going to change your category to immigration so you get answers from the right attorneys. I suggest you be careful giving any information to immigration officials. Anything you submit, especially a "verification" could be used against you. Go see an immigration attorney for help. Don't do this on your own or risk deportation.
    You can also get low cost help from the Immigration Legal Assistance Project that is set up through the Los Angeles County Bar Association. They are in downtown L.A. and charge $20 for the consultation.

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