Get the latest business insights from Dun & Bradstreet. Plaintiff also names Allstate in her RICO claim but does not allege Allstate's involvement in any conspiracy. ORDER GRANTING DEFENDANTS' MOTIONS TO DISMISS JINSOOK OHTA, SAC at 4. Id. For one, Plaintiff does not plead the existence of an enterprise, the nature of the alleged enterprise, or Defendants' purported roles in the enterprise. Based on these contentions, Plaintiff brings an unspecified claim for false arrest against CHP Officer Parra (Count XII).4 Plaintiff also names CHP Officer Parra in her RICO claim, although she alleges no further facts with respect to him and does not identify his role in any conspiracy. 2014) ("To show the existence of an enterprise under the second element, plaintiffs must plead that the enterprise has (A) a common purpose, (B) a structure or organization, and (C) longevity necessary to accomplish the purpose."). Help us by writing the governor as this will result in more innocent people being tortured. WE NEED BRITNEY TO SPEAK OUT AGAINST CORRUPT GOVERNMENTAL CONSERVATORSHIP. Tahoe-Sierra Pres. Cal. See Zichko v. Idaho,247 F.3d 1015, 1020 (9th Cir. Plaintiff's claims against Defendants DA Stephan, ADA Patrick, City Attorney Elliot, and former Deputy City Attorney Scott are barred by the doctrine of prosecutorial immunity. In the instant action, the second of two lawsuits she has filed in the Southern District of California, Plaintiff brings fourteen claims based in part on a conspiracy between Judges, attorneys, government organizations, and private parties to harm her and her son and violate their civil rights during the prosecution and conviction of Mr. Sussman. Here, Plaintiff does not allege either the CBRN or the DMV has consented to suit. 1367(c); Mendoza v. Zirkle Fruit Co.,301 F.3d 1163, 1174 (9th Cir. Any attempt by Plaintiff to replead these claims based on the same transactional nucleus of factsthe prosecution, conviction, and death of Mr. Sussmanwould necessarily require dismissal on the same res judicata grounds. 2001) (recognizing consent and abrogation as exceptions to Eleventh Amendment immunity); Yakama Indian Nation v. State of Wash. Dep't of Revenue,176 F.3d 1241, 1245 (9th Cir. Id. R. Civ. Code Civ. 900 (2022). United States District Court, S.D. WebFind company research, competitor information, contact details & financial data for Sussman & Katz, Inc. of San Diego, CA. First, Plaintiff may not sue the SDPD under 1983 absent allegations of a policy or custom because the SDPD is a municipality, not a "person" as required by the statute. Listed below are the cases that are cited in this Featured Case. Includes Address(5) Phone(2) Email(1) See Results. It's Time to Take Action and Fight Back Against San Diegos Corrupt Judicial System, which caused the covert murder of Michael Sussman. This method of substitute service does not comply with Rule 4 because there is no evidence that Plaintiff made prior reasonable efforts to personally serve the Defendants, generally defined as two to three attempts, pursuant to Cal. Select this result to view Michael Anthony Sussmann's phone number, address, Support Nancy Sussman in her endeavor to expose the truth. Because the Court has dismissed all of Plaintiff's federal claimsthe claims that conferred original jurisdictionthe Court need not exercise supplemental jurisdiction over the remaining unrelated state law claims. Bell Atlantic Corp. v. Twombly,550 U.S. 544, 555 & n.3 (2007) (citations omitted). For the reasons set out above, the Court denies Plaintiff's Rule 60(b) motion for lack of jurisdiction. 2004). WebMichael is related to Alfred W Sussmann and Martha Sussmann as well as 3 additional people. Michael was so stressed, so isolated, so psychologically tortured he was found dead by his mother one day after being released from state prison, where the hardened criminal is sent. 118 at 1. 1986). Dr. Sussman was recently selected by the American Heart Association's Basic Cardiovascular Science division to receive this year's Distinguished Achievement Award. Research Excellence Prize. 3:2020cv01085 - Document 139 (S.D. This was to save money for Mercy Hospital and because a corrupt Judge ALLOWED IT. WebRecord for Freda Sussman 1922 - 2008 in El Camino Memorial Park, San Diego, San Diego, California, United States from BillionGraves GPS Headstones. Tahoe-Sierra, 322 F.3d at 1078 (citation omitted). Not by coincidence, my civil rights case was assigned to Summer Stephans husband, Federal Judge Dana Sabraw. SAN DIEGO POLICE DEPARTMENT, et. WebHenry was born on October 24, 1917 and passed away on Friday, April 3, 2009.. Henry was a resident of San Diego, California. Then, in 2020, she contends that the DMV knowingly suspended her license based on false police reports, despite her "excellent driving skills." Michael Sussman. Plaintiff's civil RICO claim against all Defendants does not appear to plead any of the required elements. Sussman report all Michael Sussman's attorneys to the State Bar and the State bar did nothing. San Diego Police Dept., Ryan Scott, Jeff Jordan, City Attorney Office & Mara Elliot, Defendants, represented by Steven Ray Guess , Office of the City Attorney - City of San Diego. We know that Adam's political affiliation is unknown; ethnicity is Caucasian; and religious views are listed as unknown. Plaintiff brings claims against the SDPD and certain individually named SDPD Officers (the "SDPD Defendants") as members of an alleged conspiracy to prosecute Mr. Sussman. In deciding whether to exercise supplemental jurisdiction, the court should consider the interests of judicial economy, convenience, fairness, and comity. 2003). 19cv1063 DMS (JLB) (the "Prior Action"). Williams v. Woodford,384 F.3d 567, 586 (9th Cir. Gould v. Mutual Life Ins. at 14-15. SAC at 28-30. A Rule 12(b)(6) motion to dismiss tests the sufficiency of the complaint. Plaintiff also brings claims based on a series of apparently unrelated grievances, including allegedly unlawful arrests, confinement to a psychiatric unit, and revocation of her driver's license and nursing license. Address: 3311 Juniper St San Diego, CA, 92104-5627 United States al., Defendants. During Plaintiff's first arrest on August 17, 2019, the SDPD and individually named Officer Tharp allegedly "performed an illegal search of Sussman glove compartment and during that search placed a knife in the glove compartment." Id. Hebbe v. Pliler,627 F.3d 338, 342 (9th Cir. Id. 2004). 1367(c). https://petitions.moveon.org/sign/recall-of-san-diego-judge. 2004) (holding that the filing of a notice of appeal strips the district court of jurisdiction over the Rule 60(b) motion). v. Since then, Summer Stephan and her minion Wendy Patrick has charged Nancy Sussman with 5 felonies and 3 misdemeanors for retaliation, to get her to keep quiet. The Judicial Defendants, the Prosecutorial Defendants, the DMV, and the CBRN each seek to dismiss Plaintiff's claims against them on grounds of judicial immunity, prosecutorial immunity, and state immunity, respectively. The address is 4720 Lincoln Blvd 2nd Fl, Marina Del Rey, CA 90292. This is an excess force to the point of terrorism. Plaintiff also failed to follow the procedure set forth in Rule 62.1. WHEN MY BROTHER DIED HE WEIGHED 70 POUNDS AND HAD A 5'11 FRAME. NANCY SUSSMAN and MICHAEL SUSSMAN, Plaintiffs, Psychology (0) Oakland, CA . 2008). State Bar Hearing is pending on the 23rd and the 24th of February. Cal. Former Deputy City Attorney Scott also allegedly sent defamatory letters to the Certified Board of Registered Nursing, along with Defendants Alfonso and Esperanza Martinez and Joel and Mary Johnson, reporting "Sussman as `crazy' mentally Ill' under arrest, in jail etc. MD is a health care provider primarily located in Oakland, CA, with another office in SAN DIEGO, CA. 1367(a). This procedure is set forth in Federal Rule of Civil Procedure 62.1, which provides: Where an appellant fails to follow the above procedure, a district court has no jurisdiction to consider the merits of the Rule 60(b) motion. Plaintiff alleges DA Stephan arrested Plaintiff in 2019, on the false charge of criminally threatening Defendant Alfonso Martinez to improperly influence the outcome of the Prior Action. Michael Sussman was a victim of retaliation. SAN DIEGO (KGTV) -- New details about the high speed chase that backed up traffic on Interstate 5 in La Jolla last week. Today, the driver faced a judge. Nancy Sussman is no stranger to the courthouse. Usually, shes representing her clients, but this time shes defending herself against criminal charges that could send her to prison. 2010) ("[I]n the usual case in which all federal-law claims are eliminated before trial, the balance of factors to be considered under the pendent jurisdiction doctrinejudicial economy, convenience, fairness, and comitywill point toward declining to exercise jurisdiction over the remaining state-law claims.") 2002). Id. at 23; California Code of Judicial Ethics, Canon 3(D)(2). The state of California presented Nancy Sussman with a law license in 1983 after she graduated from the University of Southern California (USC) School of Law. at 1076 (citation and quotations omitted). Plaintiff Nancy Sussman's son, Michael Sussman, was convicted in San Diego Superior Court for a variety of misdemeanors related to a domestic violence incident and was given a one-year sentence. Plaintiff's Counts I and V appear to allege that Defendants conspired to and did in fact harm Plaintiff and Mr. Sussman by prosecuting and convicting Mr. Sussman, and ultimately causing his death. Sussman is a longtime medical malpractice attorney. In court Tuesday, she represented herself. Are you an attorney, the judge asked. The judge entered a not guilty plea on Sussmans behalf. Shes charged with felony evading, driving with a suspended license and resisting arrest. Sussman tried to explain to the judge why she didnt stop. Make your practice more effective and efficient with Casetexts legal research suite. (In the instant action, Plaintiff names additional Defendants to these conspiracy counts. 1961(1). Cal. Dear MS. STEPHANS : Your office has refused to accept the referral of this case Heroin prescription results in the death of Michael Sussman for the prosecution of drug prescription by Anders Holthaus a serial felon for drug seller for the death of my son on 12/21/2018. Dkt. WebMr Michael Preedy. (quoting Carnegie-Mellon Univ. Research Excellence Prize. 2008) (citation omitted). 2018) (holding the Ex Parte Young doctrine allows for prospective injunctive relief against state officials named in their official capacity). The Court finds that certain of Plaintiff's claims must be dismissed with prejudice. ), amended on denial of reh'g, 716 F. App'x 635 (9th Cir. Id. Twombly, 550 U.S. at 570. Nor can Plaintiff argue that the SDPD is a proper Defendant based on Plaintiff's factual allegations concerning discrete arrests and the SDPD's alleged involvement in her son's conviction and trial. They put him in 3 different rehab facilities, after the completion of the court-ordered drug rehab they recommended that he return home. Plaintiff also claims that DA Stephan refused to investigate her son's death in 2018. Id. The admitted year is 1986-12-11. See id Here, Plaintiff's claims likewise appear to arise out of the same transactional nucleus of facts, i.e., the trial, conviction, and death of Mr. Sussman. A prosecutor is immune even when the prosecutor's malicious or dishonest action deprived defendant of his or her liberty. See Dkts. His four children live and/or attend schools in Massachusetts, New York , and North Carolina. Although the specifics of Plaintiff's allegations in both actions are difficult to discern, it is clear that Plaintiff's Prior Action arose out of the trial, conviction, and death of Mr. Sussman. at 7-8, 14-16. Co., 790 F.2d 769, 772 (9th Cir. Please call Dr. Sussman for further information or to set up a screening interview. Follow the Story. The Committee to Expose Dishonest and Incompetent Judges, Attorneys and Public Officials, Powered by, The Committee to Expose Dishonest and Incompetent Judges, Attorneys and Public Officials, Attorney Nancy Sussman of San Diego; ethical gremlin. SUMMER STEPHAN DISTRICT ATTORNEY We are here to tell Michaels story and expose the truth about what is really going on in the San Diego judicial system. Co.,790 F.2d 769, 772 (9th Cir. "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." 7, 2019); Cal. Even where supplemental jurisdiction exists, the Court may decline to exercise supplemental jurisdiction if "(1) the claim raises a novel or complex issue of state law; (2) the claim substantially predominates over the claim or claims over which the district court has original jurisdiction; (3) the district court has dismissed all claims over which it has original jurisdiction; or (4) in exceptional circumstances, there are other compelling reasons for declining jurisdiction." An "enterprise" includes "any individual, partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity." Plaintiff's Prior Action seeking redress for the death of her son was dismissed with prejudice and affirmed on appeal, satisfying the second element. In Buckley v. Fitzsimmons, the Supreme Court held that a prosecutor's statements to the press are not protected by prosecutorial immunity because prosecutors do not make press statements as advocates for the state. Judge Kenneth So, Defendant, represented by Matthew L. Green , Best Best and Krieger LLP. He resides in Amherst, Massachusetts with his wife, Lynn. The family is Gould v. Mutual Life Ins. Chaset v. Fleer/Skybox Int'l, LP,300 F.3d 1083, 1088 (9th Cir. Id. Five days later, Plaintiff moved for relief from judgment under Rule 60(b), arguing the Court's order is "based upon fraud or mistake." If not removed from office this power-hungry Judge will continue his behavior without accountability. Leon v. IDX Systems Corp.,464 F.3d 951, 962 (9th Cir. Proc. California.https://leagle.com/images/logo.png, Editors Note When they were timely. This procedure is set forth in Federal Rule of Civil Procedure 62.1, which provides: Here, Plaintiff filed a notice of appeal before she moved for relief from judgment pursuant to Rule 60(b). According to Plaintiff, ADA Patrick participated in these events, although her role is not specified. WebFind the Best Psychologists in San Francisco. Henry R Sussman Resides in La Mesa, CA. Michael was targeted by the SDPD, profiled with false charges false police reports. Id. Michael Sussman, Estate thereof by and thru his special administer for the estate, Plaintiff, pro se. Support the Sussman's. As to City Attorney Elliot, she allegedly filed a felony restraining order against Plaintiff. 1999); Sabatini v. California Bd. Id. See Prior Action Dkt. v. Imrex Co., Inc.,473 U.S. 479, 496 (1985). John D Kirby, Defendant, represented by Ashley Walker Nagashima , Walsh McKean Furcolo, LLP. Click the citation to see the full text of the cited case. Id. I created a petition to Recall San Diego Judge Kenneth K. So. 1986). WebMichael's Law. Katzir Floor & Home Designs, Inc. v. M-MLS.com, 394 F.3d 1143, 1148 (9th Cir. at 19. It is well settled that the "filing of a notice of appeal divests the district court of jurisdiction." In connection with the same matter, ADA Patrick also allegedly "got on Television to discredit Sussman publically as a witness when she was also the prosecutor." Id. San Diego, CA 92101. 1992). Similarly, except for Plaintiff's claim against ADA Patrick based on her statements to the press, Plaintiff cannot cure her claims against the Prosecutorial Defendants because they are absolutely barred by prosecutorial immunity. United Mine Workers of Am. SAC at 24-25. WebAttorney Nancy Sussman of San Diego; ethical gremlin The state of California presented Nancy Sussman with a law license in 1983 after she graduated from the University of In deciding a motion to dismiss, all material factual allegations of the complaint are accepted as true, as well as all reasonable inferences to be drawn from them. 86-1 at 16. He died as a result of the prescription of drugs by Anders Holthaus. Id. WebView the profiles of people named Michael Sussman. 19cv1063-DMS-JLB (the "Prior Action"). See Katzier Floor, 394 F.3d at 1148 (vacating the district court's order denying appellants' Rule 60(b) motion). Heres how it happened: Jon was never homicidal nor suicidal and was not a candidate for a demented ward to be locked up, where he lived miserably LOCKED UP AND MISTREATEATED AT VISTA KNOLL. Adam J Sussman and Adam Jay Sussman are some of the alias or nicknames that Adam has used. In yet another incident, unspecified persons purportedly "hired" Defendant Alfonso Martinez "to spy on the Sussman with 24/7 cameras from his roof and report all activities to them for entrapment purposes and instructed him to video tape the Sussman's and easedrop on them 24/7 and report activities to the SDPD so he could testify against the Sussman's with immunity." The Defendants described below have moved to dismiss the claims against them. SAC at 6, 9, 11-13, 16-18. Michael Sussman was 2009) (holding that deprivation of constitutional rights is not compensable under RICO). clarinet NANCY SUSSMAN and MICHAEL SUSSMAN, Plaintiffs, v. SAN DIEGO POLICE DEPARTMENT, et al., Defendants. 28 U.S.C. In contrast, Plaintiff's state law claims are based on an array of discrete events, including (1) Allstate's alleged bad faith settlement of a car accident, (2) Paradise's and Dr. Bhatia's alleged confinement of Plaintiff to a psychiatric award, (3) Joel and Mary Johnson's and Alfonso and Esperanza Martinez's alleged interference with Plaintiff's nursing license, and (4) CHP Officer Parra's false arrest of Plaintiff. WebMichael George Sussman, age 20s, lives in San Diego, CA. Michael was a kind, smart person who would give anyone the shirt off his back. Even "[n]ewly articulated claims based on the same nucleus of facts may still be subject to a res judicata finding if the claims could have been brought in the earlier action." Id. at 14-15, 18-19. On November 4, 2019, the District Court dismissed Plaintiff's Second Amended Complaint with prejudice. Prosecutorial immunity shields prosecutors from civil damages suits premised upon acts committed within the scope of their official duties which are "intimately associated with the judicial phase of the criminal process." As a result of this whistleblowing, Michael Sussman became a target. To properly serve the Defendants, Plaintiff needed to comply with Fed. Select the best result to find their address, phone number, relatives, and public records. First, Plaintiff's claims against the Judicial Defendants are absolutely barred by judicial immunity, and thus Plaintiff cannot cure her claims as to them. Shortly after being released from jail, Mr. Sussman died of a drug overdose. 70 (the "SAC"). Join Facebook to connect with Michael Sussman and others you may know. Moreover, Congress has not specifically allowed suits against states or their agencies under 1983. Plaintiff's remaining state law claims are dismissed for lack of supplemental jurisdiction. 2002) (same; noting that where flaws cannot be cured, there is "no need to prolong the litigation by permitting further amendment"). ECF No. Nancy Sussman, et al. 73, 76, 78, 80-81, 83-86, 89-90. Listed below are the cases that are cited in this Featured Case. Judge Sabraw refused to recuse himself and after 6 months and 30 motions to dismiss he dismissed the lawsuit. This was clearly a major conflict of interest, to say the least. Any content provided by our bloggers or authors are of their opinion, and are not intended to malign any religion, ethnic group, club, organization, company, individual or anyone or anything. Finally, as was the case in the Prior Action, deprivation of constitutional rights and false imprisonment are not cognizable injuries under RICO. 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