Plaintiff claims that Paradise and Dr. Bhatia accepted transfer of Plaintiff to Paradise's psychiatric unit without Plaintiff's consent and that Defendant Dr. Bhatia knew that Plaintiff did not have a mental health condition but refused to release her. Support the Sussman's. Plaintiff also claims that DA Stephan refused to investigate her son's death in 2018. Attorney Nancy Sussman of San Diego; ethical gremlin. Plaintiff's Count V is a RICO claim against all Defendants for causing the death of Mr. Sussman. Do you want corruption? at 15. Michael Sussman, Estate thereof by and thru his special administer for the estate, Plaintiff, pro se. Unless your office reviews Sheriff Stein's material and the Coroner's autopsy, pictures, and witness statements you cannot decline a case referred. a narcissistic psychiatrist went slong with the plan and misused mental health legislation law and help by sociopath Seymour Phillips set the rigged conservatorship in to action. 1983cv Civil Rights Act - Civil Action for Deprivation of Rights On November 14, 2019, Plaintiff, proceeding pro se, filed a timely Notice of Appeal of the Court's order granting Defendants' motion to dismiss. Twombly, 550 U.S. at 570. Nature of Suit: 440 Civil Rights: Other Code Civ. With respect to Plaintiff's third arrest on December 30, 2019, Plaintiff claims that the SDPD "took Sussman on a wild and reckless police chase in her vehicle based upon a false warrant." at 18-19. Use the links below to access additional information about this case on the US Court's PACER system. WebMichael George Sussman, age 20s, lives in San Diego, CA. 28 U.S.C. See Katzier Floor, 394 F.3d at 1148 (vacating the district court's order denying appellants' Rule 60(b) motion). Click on the case name to see the full text of the citing case. 509 U.S. at 277-78. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. R. Civ. Based on the foregoing, Plaintiff brings an unspecified claim against the CBRN, which the Court liberally construes as a claim brought under 1983 (Count XIII).3. Williams v. Woodford, 384 F.3d 567, 586 (9th Cir. Plaintiff: Nancy Sussman and Michael Sussman. Defendants Judge Kenneth So; Judge Gregory Pollack; District Attorney Summer Stephan; Assistant District Attorney Wendy Patrick; City Attorney Mara Elliot; former Deputy City Attorney Ryan Scott; the San Diego Police Department; individually named San Diego Police Department Officers; the California Department of Motor Vehicles; the Certified Board of Registered Nursing; Alfonso and Esperanza Martinez; Joel and Mary Johnson; California Highway Patrol Officer Erick Parra; Allstate Northbrook Indemnity Company; Prime Healthcare Paradise Valley, LLC dba Paradise Valley Hospital; and Dr. Prakash Bhatia filed motions to dismiss Plaintiff's Second Amended Complaint on various grounds, including res judicata; judicial, prosecutorial, and state immunity; improper service of process; and failure to state a claim. I had a collar bone break and a broken femer. Yagman v. Garcetti,852 F.3d 859, 867 (9th Cir. The family is Michael was a great kid and both families have been completely destroyed by the psychopath court system and the San Diego police department. Here, Plaintiff does not allege either the CBRN or the DMV has consented to suit. Michael Sussman was v. San Diego Police Dept., et al., Case No. Early Career Investigator . Plaintiff also failed to follow the procedure set forth in Rule 62.1. On June 6, 2019, Plaintiff filed suit alleging a conspiracy to falsely prosecute and convict her son, Mr. Sussman. Real good attorney. Check out the latest pictures, photos and images of Michael Sussman from 2018. Plaintiff states that Mr. Sussman's prosecution was "was being done for the police dept." First, Plaintiff's claims against the Judicial Defendants are absolutely barred by judicial immunity, and thus Plaintiff cannot cure her claims as to them. 28 U.S.C. "To seek Rule 60(b) relief during the pendency of an appeal, the proper procedure is to ask the district court whether it wishes to entertain the motion, or to grant it, and then move [the Ninth Circuit], if appropriate, for remand of the case." As to City Attorney Elliot and former Deputy City Attorney Scott, Plaintiff claims that they improperly prosecuted Mr. Sussman by "condoning perjury and false evidence" but does not allege further facts in support. Dkts. Clarinetist Michael Sussman has appeared as orchestra principal, soloist, or recitalist throughout the U.S., and has concertized in 32 countries on four continents. Michael was subjected to a make-believe trial from a psychopath Judge named Kenneth So. Sussman failed to include any argument in her opening brief regarding the district courts dismissal of her claims, and thus has waived any challenge to that issue. ECF No. WebMichael is related to Alfred W Sussmann and Martha Sussmann as well as 3 additional people. 2021), cert. contact me and Sheriff Stein immediately. Thus, the Court does not have personal jurisdiction over the SDPD Officers, and the claims against them are dismissed. To establish a RICO injury, the plaintiff must show "harm to a specific business or property interest and if the alleged business or property interest is cognizable under state law." Instead of applauding her for exposing corruption, the California State Bar has filed charges against the mother for imputing the "integrity" of the corrupt judges So, Pollack and others The civil rights suit was strangely assigned to Judge Dana Sabraw who is the husband of the District Attorney Summer Stephan. WebHenry Sussman may also have lived outside of San Diego, such as El Cajon and La Mesa. It is well settled that the "filing of a notice of appeal divests the district court of jurisdiction." Jason Stein sheriff 619-708-3332. I have not worked since. Lastly, the SDPD is an improperly named Defendant and Plaintiff's 1983 claims against it cannot be cured by any restatement of the facts. San Diego is happy with the corruption in the judicial system. See Ashcroft v. Iqbal,556 U.S. 662, 678 (2009). Plaintiff further claims that the CBRN failed to disclose the complaints to Plaintiff or give her a chance to rebut them, and that her nursing license was ultimately revoked "behind [her] back" and without giving Plaintiff an opportunity to contest. (408) 280-7448 (Pacific Bell), (619) 665-5833 (Sprint Spectrum LPPacific Bell) are the phone numbers for Howard. 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." For one, Plaintiff does not plead the existence of an enterprise, the nature of the alleged enterprise, or Defendants' purported roles in the enterprise. 1996). Plaintiff does not provide any additional detail, although this allegation appears to be unrelated to Mr. Sussman's prosecution. Identity of claims exists "when two suits arise from `the same transactional nucleus of facts.'" Co.,790 F.2d 769, 772 (9th Cir. 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. WebLisa Ann Sussman (Reigstration# 124989) is an attorney registered with State Bar of California. Cal. Even if the Court were to find that supplemental jurisdiction over the remaining state law claims once existed under 28 U.S.C. Williams v. Woodford,384 F.3d 567, 586 (9th Cir. at 30-36. WE NEED BRITNEY TO SPEAK OUT AGAINST CORRUPT GOVERNMENTAL CONSERVATORSHIP. Buried Here. https://www.sandiegouniontribune.com/news/courts/story/2021-08-30/city-attorney-accuses-scripps-health-of-illegally-discharging-gravely-disabled-mentally-ill-patient, https://www.kusi.com/families-of-murdered-girls-sound-off-on-san-diego-countys-district-attorneys-race/ AND https://sandiegofreepress.org/2018/10/district-attorney-summer-stephan-must-apologize-to-san-diegos-jewish-community/#.YYr3a2DMKM8 AND http://www.recalldastephan.com/. Then, in 2020, she contends that the DMV knowingly suspended her license based on false police reports, despite her "excellent driving skills." Dismissal with prejudice is warranted where amendment would be futile because flaws in the claims cannot be cured. Shortly after being released from jail, Mr. Sussman died of a drug overdose. 76 at 9 (same). Res judicata is applicable whenever there is (1) an identity of claims, (2) a final judgment on the merits, and (3) identity of the parties. WebQuick Facts 2036 Randolph Drv, San Jose, CA 95128-2727 is the current address for Howard. As a result of this whistleblowing, Michael Sussman became a target. Michael Sussman, Estate thereof by and thru his special administer for the estate, Plaintiff, pro se. at 24-25. WebMr Michael Preedy. This case comes before the Court on Plaintiff's motion for relief from final judgment under Federal Rule of Civil Procedure 60(b). A more recent docket listing Citations are also linked in the body of the Featured Case. 05 Aug 2017 Leave a Comment. WebThe residential address for Gary is 5230 Fiore Terr, San Diego, CA 92122. Nevertheless, Plaintiff is on notice that the SAC does not provide a short and plain statement of claims or state a claim as required by Rules 8 and 12(b)(6). Mr. Sussman has recorded for 16 different labels, extensively with the Orpheus Chamber Orchestra on Deutsche Grammophon, and most recently on the Koch, Gasparo, and Naxos labels. This docket was last retrieved on November 22, 2019. Finally, the third element of res judicata is met with regard to Defendants the SDPD, City Attorney Elliot, former Deputy City Attorney Scott, Alfonso Martinez, and Judge So, because they were also defendants to the conspiracy claims surrounding Plaintiff's son in the Prior Action. As we speak (ca. Michael was a kind, smart person who would give anyone the shirt off his back. It's Time to Take Action and Fight Back Against San Diegos Corrupt Judicial System, which caused the covert murder of Michael Sussman. There, Plaintiff alleged a conspiracy to wrongfully convict Mr. Sussman, and ultimately cause his death. The City attorney charged him with false charges, false restraining orders and prohibit him from seeing his mother which was not warranted by her. WebMichael's Law. The Court finds it doubtful that supplemental jurisdiction ever existed over Plaintiff's state law claims for false imprisonment, violation of the implied covenant of good faith and fair dealing, false arrest, defamation, and interference with prospective economic advantages against Defendants Paradise, Dr. Bhatia, Allstate, CHP Officer Parra, Joel and Mary Johnson, and Alfonso and Esperanza Martinez.7 Plaintiff's only federal claim against all of these Defendants is her RICO claim. Leon v. IDX Systems Corp.,464 F.3d 951, 962 (9th Cir. Young Investigator. Although Plaintiff appears to claim that CHP Officer Parra's report resulted in the DMV's suspension of her license in 2020, Plaintiff's claim against CHP Officer Parra is otherwise unrelated to her remaining claims. Brockmeyer v. May,383 F.3d 798, 801 (9th Cir. Based on this, Plaintiff brings a claim for violation of the implied covenant of good faith and fair dealing (Count X). 2001). Click on the case name to see the full text of the citing case. Lived in Corona CA | Mission Viejo CA Related to Michael Sussman | Aaron Sussman | Beth Weinstein | Dana Weinstein | Danielle Sussman. SAC at 18. United States District Court, S.D. WebFind the Best Psychologists in San Francisco. Zmurkewicz, US District Court for the Southern District of California. As a chamber musician, his credits include Speculum Musicae, Ethos, the Philharmonia Quintet, the Casals Festival, Walden Chamber Players, New York Chamber Soloists, Monadnock Music Festival, Fine Arts Chamber Ensemble, Music in Avila in Curacao, Mohawk Trail Concerts, and solo appearances with major string quartets including the New Zealand, the Australian, the Lark, the St. Petersburg, the Lydian, and the Ciompi String Quartets. The Court agrees with Defendants that Plaintiff "did not properly serve the individually named Defendants under California law or Federal law." State judges are further insulated from suit by the Eleventh Amendment. 2022) Court Description: ORDER Granting Defendant's Motions To Dismiss [Dkts. Michael Sussman was a victim of retaliation. 111. Because the CBRN and the DMV are California state agencies, Plaintiff's 1983 claims in Counts XI and XIII are barred by the Eleventh Amendment. In both actions, Nancy Sussman is the Plaintiff and the SDPD, the San Diego City Attorney's Office, Mara Elliot, Ryan Scott, Alfonso Martinez, and Judge So are Defendants. 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 motion to dismiss should be granted if a plaintiff's complaint fails to contain "enough facts to state a claim to relief that is plausible on its face." 2004) (holding that the filing of a notice of appeal strips the district court of jurisdiction over the Rule 60(b) motion). Very caring person. Listen in! Henry R Sussman Resides in La Mesa, CA. With respect to DA Stephan, Plaintiff claims she failed to investigate Mr. Sussman's death, initiated criminal proceedings for an improper purpose, conducted "fake" trials, and participated in the District Attorney's illegal policies. Sussman is a Professor of Music at the University of Massachusetts in Amherst, with former students performing in such professional ensembles as the Singapore Id. THEY VIOLATE EMTALA. ECF No. 73, 76, 78, 80-81, 83-86, 89-90. Id. Ashelman v. Pope,793 F.2d 1072, 1075 (9th Cir. The Court finds that certain of Plaintiff's claims must be dismissed with prejudice. Id. Id. 9. Their names are Carolyn Enders, Joshua Olsen, and 100 others. Research the case of Sussman et al v. San Diego Police Dept. His mother, Nancy Sussman, is an Attorney that specializes in medical malpractice. San Diego, CA 92101. Nov. 5, 2013) (noting that outside of the Monell exception, "sub-departments or bureaus of municipalities, such as the police departments, are not generally considered `persons' within the meaning of 1983."). 1983; United States v. Kama,394 F.3d 1236, 1239-40 (9th Cir. 19cv1063 DMS (JLB) (the "Prior Action"). Finally, as was the case in the Prior Action, deprivation of constitutional rights and false imprisonment are not cognizable injuries under RICO. NANCY SUSSMAN, MICHAEL SUSSMAN ESTATE THEREOF BY AND THRU HIS SPECIAL ADMINISTER FOR THE ESTATE, Plaintiff, Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. 1986). California.https://leagle.com/images/logo.png, Editors Note WebFind company research, competitor information, contact details & financial data for Sussman & Katz, Inc. of San Diego, CA. In the instant action, the second of two lawsuits she has filed in denied,142 S.Ct. at 7. Their specialties View Profile . SAC at 25. Id. Judges are "immune from damage actions for judicial acts taken within the jurisdiction of their courts." 1990) ("Federal law dictates that a dismissal with prejudice bars a later suit under res judicata."). Michael was charged with bogus misdemeanor's by the City attorneys office. WHEN MY BROTHER DIED HE WEIGHED 70 POUNDS AND HAD A 5'11 FRAME. at 25-27. 1986). She really beats up on the bad insurance companies. Based on the above, Plaintiff brings a claim fashioned as "discrimination excessive fines and wrongful suspensions of Sussman license to drive" (Count XI).2, Unrelatedly, Plaintiff claims that the CBRN violated its fiduciary duty to her and deprived her of due process when it revoked her nursing license in 2019. v. 2004). 73, 76, 78, 80-81, 83-86, 89-90]. at 30-33. R. Civ. Id. 102 persons linked to this address. Plaintiff purportedly was only allowed to leave the psychiatric hospital after Dr. Bhatia fraudulently "orchestrated a pretend hearing." Plaintiff does not further elaborate on the SDPD Defendants' role in any conspiracy. WebClick Here For Barbara J Sussman's Current Address 1466 Dartshire Ct, Sunnyvale, CA 94087-3634 608 Vasona Ave, Los Gatos, CA 95032-1512 97 Yesterday Dr, Henderson, NV 89074-5853 12291 Titus Ave, Saratoga, CA 95070-3456 Phone Numbers (408) 857-5071 (408) 569-7027 (408) 735-8759 (408) 216-0238 See Current Phone Number Email This resulted in the physiological torture of the entire Sussman family. United States District Court, S.D. Bus. WebView the profiles of people named Michael Sussman. Unravel the mystery of Incognolio or go mad! 3:2020cv01085 - Document 139 (S.D. Based on the above, Plaintiff brings the following claims against Defendants Alfonso and Esperanza Martinez and Joel and Mary Johnson: RICO (Count V); an unspecified claim that the Court construes as defamation (Count XIII); and interference with prospective economic advantages (Count XIV). THE SUPERIOR COURT OF SAN DIEGO IS CHARGING NANCY SUSSMAN WITH CRIMES NOT COMMITTED TO ASSURE THAT SUMMER STEPHEN DISTRICT ATTORNEY GETS RE-ELECTED AND THAT HER HUSBAND FEDERAL JUDGE DANA SABRAW KEEP UP HIS INVINCIBLE COMPLEX. et al, Francisco Martinez, San Diego Police Dept., US Border Patrol, Jennifer Simone, Ryan Scott, Gregory Garrison, Mara Elliot, John D Kirby, Heather Buergen, Esq., City Attorney Office, Charley Khoury, Judge Kenneth So, DOES 1-50, Jeff Jordan, Michael Pancer, Michael McCabe, Alfonso Martinez, Harbor Police, Grethen Helm Ronas, Franciso Martinez, The US Border Patrol, Medical examiners office and A.P. 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." Judge So also gave them a make-believe trial and sent Tammy to jail for 3 years and took part in her son, Jonah Rief, being sold to international sex slavery and he has never been heard from since. Plaintiff also names District Attorney Summer Stephan ("DA Stephan"), Assistant District Attorney Wendy Patrick ("ADA Patrick"), City Attorney Mara Elliot, and former Deputy City Attorney Ryan Scott (together, the "Prosecutorial Defendants"). 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. California. Id. at 7. at 31-32. Nearly all of Plaintiff's allegations concerning the Prosecutorial Defendants involve prosecutorial acts closely tied to the initiation and presentation of state prosecutions. The admitted year is 1986-12-11. After the first suspension, Plaintiff "demanded of the DMV the suspension be removed it was not." For these reasons, Plaintiff's RICO claim is dismissed. They may think they have won the battle, but we are here to fight the war. Judge So put Michael in jail with drug sellers and criminals. He is a current member of the Avanti Wind Quintet. These events are wholly unrelated to the facts underlying the RICO claim, and thus, even reading Plaintiff's SAC liberally, there is no common nucleus of operative facts permitting supplemental jurisdiction. Incognolio will be released by Janx of Registered Nursing, 2019 WL 1082445, at *2 (S.D. State Bar Hearing is pending on the 23rd and the 24th of February. Ins. In the SAC, Plaintiff claims that Defendants Judge Kenneth So and Judge Gregory Pollack (together, the "Judicial Defendants") illegally acted to harm Plaintiff and Mr. Sussman in violation of their civil rights. Select the best result to find their address, phone number, relatives, and public (In the instant action, Plaintiff names additional Defendants to these conspiracy counts. Defendant: Francisco Martinez, San Diego Police Dept., US Border Patrol, Jennifer Simone, Ryan Scott, His mother was forced to keep him in hotels at her cost for a year. Listed below are those cases in which this Featured Case is cited. Nov. 22, 2019). SAC at 20; see also Section III.B supra. 2017) (citation omitted). Cahill v. Liberty Mut. 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. California, 03-30-2022. Michael's law moves for the indictment of all involved and the immediate removal from the office of Judge So with a full investigation into both matters, the Rief and Sussman covert murders. He did not qualify as with third-party assistance from his family he functioned well. 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. 1060, 1085-86 (C.D. Thus, the third element of res judicata is clearly met as to Counts I and V against these Defendants. Plaintiff does not further clarify the contours of this alleged conspiracy. Maggie Fink Sussman. A subscription to PACER is required. et al, No. With respect to the DMV, Plaintiff appears to allege that it wrongfully suspended her license on an unidentified date and again in 2020. A Rule 12(b)(6) motion to dismiss tests the sufficiency of the complaint. Call for connection for LA CalBar Court. Rule 12(b)(6) is read in conjunction with Rule 8(a), which requires only "a short and plain statement of the claim showing that the pleader is entitled to relief." Proc. They made his mother an involuntary victim against his son, his mother was forced to spend $350,000 to defend his son. Amendment would therefore be futile and only prolong the litigation. Gould v. Mutual Life Ins. John D Kirby, Defendant, represented by Ashley Walker Nagashima , Walsh McKean Furcolo, LLP. A former computer crimes prosecutor who worked for the Justice Department for 12 years, Mr. Sussmann in 2016 represented the Democratic National Committee on Clarinetist Michael Sussman has appeared as orchestra principal, soloist, or recitalist throughout the U.S., and has concertized in 32 countries on four continents. Id. When a Rule 60(b) motion is filed in district court after a notice of appeal has been filed, the district court lacks jurisdiction to entertain the motion. WebSussman et al v. San Diego Police Dept. v. San Diego Police Dept., et al., Case No. Accordingly, the Court examines whether the Judicial Defendants performed the acts stated in the SAC in their judicial capacity to determine whether Plaintiffs claims are barred by judicial and Eleventh Amendment immunity. Plaintiff alleges that Defendant California Highway Patrol ("CHP") Officer Erick Parra falsely arrested Plaintiff in January 2020, failed to mirandize her, and wrongfully reported her to the DMV. 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. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. Claims brought under state law, for non-injunctive relief, or for retrospective relief are not permitted. 1367(c); Mendoza v. Zirkle Fruit Co.,301 F.3d 1163, 1174 (9th Cir. Facebook gives people the power to share and makes the world Public Please call Dr. Sussman for further information or to set up a screening interview. Plaintiff does not specify, however, what evidence was fabricated, what testimony was false, nor the court hearing at which testimony took place. "A federal court is without personal jurisdiction over a defendant unless the defendant has been served in accordance with Fed. Tahoe-Sierra Pres. Sedima, S.P.R.L. Id. at 18. The following is the entirety of Plaintiff's RICO allegations: As seen above, Plaintiff does not properly allege the existence of an enterprise or predicate acts and does not identify cognizable relief. He was beaten, falsely imprisoned, and harassed for two years before it consumed him. Plaintiff brings claims against two state agencies, the California Department of Motor Vehicles (the "DMV") and the California Board of Registered Nursing (the "CBRN") based on discrete events unrelated to the prosecution of Mr. Sussman. Which this Featured case is cited i had a collar bone break and a broken femer https: //sandiegofreepress.org/2018/10/district-attorney-summer-stephan-must-apologize-to-san-diegos-jewish-community/.YYr3a2DMKM8. Trial from a psychopath judge named Kenneth So So, or to explain to the and. 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