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. 118 at 1. Ashelman v. Pope,793 F.2d 1072, 1075 (9th Cir. 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. The case had been turned over to the US Attorney and so far no charges have been filed. 110, 128. ), amended on denial of reh'g, 716 F. App'x 635 (9th Cir. Based on this, Plaintiff brings state law claims of false imprisonment, fraud, and deceit against Paradise and Dr. Bhatia (Count IX). 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. 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. We are here to give Michael a voice. (quoting Carnegie-Mellon Univ. The views and opinions expressed nancysussman.wixsite.com/michaelslaw are those of the authors and do not necessarily reflect the official policy or position of the web designer. San Diego, USA. Id. Incognolio will be released by Janx 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. As such, the Court finds an identity of claims between the two actions, and the first element is met. 330 WEST BROADWAY Ashelman, 793 F.2d at 1075. 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. Kenneth So was the same Judge who charged a mother from Alabama with kidnapping her own child. Moreover, her claim against the DMV does not seek prospective injunctive relief. Diaz v. Gates,420 F.3d 897, 899-900 (9th Cir. 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). Support the Sussman's. It's Time to Take Action and Fight Back Against San Diegos Corrupt Judicial System, which caused the covert murder of Michael Sussman. Plaintiff's Prior Action seeking redress for the death of her son was dismissed with prejudice and affirmed on appeal, satisfying the second element. The company is Workers Compensation Appeals Board. Id. While Rule 8 does not require detailed factual allegations, at a minimum, a complaint must allege enough facts to provide "fair notice" of both the particular claims being asserted and "the grounds upon which [those claims] rest[]." Accordingly, Plaintiff's claim against ADA Patrick based on her statements to the press is dismissed. 1990) ("Federal law dictates that a dismissal with prejudice bars a later suit under res judicata."). v. Cohill,484 U.S. 343, 350 n.7 (1988), superseded on other grounds by statute as recognized in Fent v. Okla. Water Res. 1367(c). In determining whether res judicata bars Plaintiff's current claims regarding her son's trial and death, the Court first examines whether they are essentially the same as those in the Prior Action. Buried Here. 1367(a), the Court would decline to exercise supplemental jurisdiction under 28 U.S.C. My novel, INCOGNOLIO, was accepted for the Kindle Scout contest and Im Click on the case name to see the full text of the citing case. 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. Judge Sabraw refused to recuse himself and after 6 months and 30 motions to dismiss he dismissed the lawsuit. 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. Dkts. Then, in 2020, she contends that the DMV knowingly suspended her license based on false police reports, despite her "excellent driving skills." 86-1 at 16. See Prior Action Dkt. Furthermore, Sussman reported Judge So and Judge Pollack to the commission. Plaintiff does not further clarify the contours of this alleged conspiracy. WARNING: SCRIPPS MERCY HOSPITAL MISTREATS PSYCHIATRIC PATIENTS WHO ARE ELDERLY WITH POOR PAYING INSURANCE. A more recent docket listing Please call Dr. Sussman for further information or to set up a screening interview. Because these allegations were litigated in the Prior Action, Counts I and V are barred by res judicata. 1367(a). 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. et al, No. 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. Early Career Investigator . I had a collar bone break and a broken femer. Not by coincidence, my civil rights case was assigned to Summer Stephans husband, Federal Judge Dana Sabraw. Id. Nature of Suit: 440 Civil Rights: Other Eclectic Properties E., LLC v. Marcus & Millichap Co.,751 F.3d 990, 997 (9th Cir. P. v. San Diego Police Dept., et al., Case No. Jennifer Simone, Probation Officer, Defendant, represented by Melissa Maria Holmes , County of San Diego Office of County Counsel. Re: REFERRAL OF SHERIFF JASON STEIN FOR CHARGES AGAUNST ANDERS HOLTHAUS -DRUG SELLER, WARNING: SCRIPPS MERCY HOSPITAL MISTREATS PSYCHIATRIC PATIENTS WHO ARE ELDERLY WITH POOR PAYING INSURANCE. To properly serve the Defendants, Plaintiff needed to comply with Fed. Zmurkewicz, US District Court for the Southern District of California. Id. Listed below are the cases that are cited in this Featured Case. Henry Sussman. Michael Sussman was Dr. Mark Sussman is a Professor of Biology at San Diego State University and the Chief Research Scientist at the San Diego State University Heart Institute. Cal. The Court, therefore, lacks jurisdiction to entertain Plaintiff's motion and it is accordingly denied. Sussman is a Professor of Music at the University of Massachusetts in Amherst, with former students performing in such professional ensembles as the Singapore It is well settled that the "filing of a notice of appeal divests the district court of jurisdiction." Corruption at its finest in San Diego. If not removed from office this power-hungry Judge will continue his behavior without accountability. To state a claim for a RICO violation, a plaintiff must allege: "(1) conduct (2) of an enterprise (3) through a pattern (4) of racketeering activity." California.https://leagle.com/images/logo.png. As to City Attorney Elliot, she allegedly filed a felony restraining order against Plaintiff. Unravel the mystery of Incognolio or go mad! of Contra Costa, 2013 WL 5946112 at *3 (N.D. Cal. Gould v. Mutual Life Ins. 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. United States District Court, S.D. 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. Michael was charged with bogus misdemeanor's by the City attorneys office. She really beats up on the bad insurance companies. Plaintiff further appears to claim that ADA Patrick participated in this wrong by falsely representing to the state court in the same criminal action that Plaintiff had threatened Alfonso Martinez. Therefore, Plaintiff cannot pursue her 1983 claims against the SDPD and her claims against it are dismissed. Council, Inc. v. Tahoe Reg'l Planning Agency,322 F.3d 1064, 1077 (9th Cir. San Diego Police Dept., Ryan Scott, Jeff Jordan, City Attorney Office & Mara Elliot, Defendants, represented by, Judge Kenneth So, Defendant, represented by, Michael McCabe, Defendant, represented by, Michael Pancer, Defendant, represented by, Charley Khoury, Defendant, represented by, Alfonso Martinez, Defendant, represented by, Heather Buergen, Esq., Defendant, represented by, Jennifer Simone, Probation Officer, Defendant, represented by. Id. Shortly after being released from jail, Mr. Sussman died of a drug overdose. It is well settled that the "filing of a notice of appeal divests the district court of jurisdiction." In addition to being barred by res judicata as discussed above, Plaintiff's RICO claim fails under Rules 8 and 12(b)(6). 1983cv "A federal court is without personal jurisdiction over a defendant unless the defendant has been served in accordance with Fed. Imbler v. Pachtman,424 U.S. 409, 430 (1976); see also Buckley v. Fitzsimmons,509 U.S. 259, 272-73 (1993); Burns v. Reed,500 U.S. 478, 487-93 (1991). WebThe residential address for Gary is 5230 Fiore Terr, San Diego, CA 92122. Cal. In determining whether to exercise supplemental jurisdiction, the Court examines whether the federal and state law claims "derive from a common nucleus of operative fact[s] such that [a plaintiff] would ordinarily be expected to try them all in one judicial proceeding." His office has been frustrated by your office not reviewing the material regarding my sons death. Id. 73 at 9-10 (denying consent); Dkt. This case comes before the Court on Plaintiff's motion for relief from final judgment under Federal Rule of Civil Procedure 60(b). Dana M. Sabraw United States District 19cv1063-DMS-JLB (the "Prior Action"). Finally, with respect to former Deputy City Attorney Scott, Plaintiff primarily contends that he granted a witness immunity, and that the witness ultimately committed perjury. She and her husband together create a conflict of interest, Judge Dana Sabraw has a paper trail to the federal bench. For these reasons, Plaintiff's RICO claim is dismissed. 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. 1999) (noting judicial immunity bars claims that judge conspired with others to render an adverse ruling). WebSamuel George Sussman View details Phone Numbers (760) nay - peek View phones View Details AGE 50s Brian Michael Sussman San Diego, CA (Point Loma Peninsula) Aliases Brian M Sossman Phone Number Address Background Report Addresses Famosa Blvd Apt B, San Diego, CA Famosa Blvd, San Diego, CA Rue Dorleans, San Diego, CA Plus 1986). With respect to the DMV, Plaintiff appears to allege that it wrongfully suspended her license on an unidentified date and again in 2020. 1994 - 2018. Check reviews, hours, insurance options, & book your appointment today. 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. v. 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. On November 14, 2019, Plaintiff, proceeding pro se, filed a timely Notice of Appeal of the Court's order granting Defendants' motion to dismiss. Id. The tragedy of Jonah Rief will be discussed, testified to, including the involvement of Kamala Harris. Leon v. IDX Systems Corp.,464 F.3d 951, 962 (9th Cir. Citations are also linked in the body of the Featured Case. Claims brought under state law, for non-injunctive relief, or for retrospective relief are not permitted. 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. 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." Iqbal, 556 U.S. at 678 (citing Twombly, 550 U.S. at 556). Id. Nor does Plaintiff identify any predicate acts, let alone a pattern of racketeering activity. West v. Atkins,487 U.S. 42, 48 (1988) ("To state a claim under 1983, a plaintiff must allege the violation of a right secured by the Constitution").6 To the extent Plaintiff's claim arises under state tort law, Plaintiff has not pleaded compliance with the California Tort Claims Act. at 24. Pro se complaints are "held to less stringent standards than formal pleadings drafted by lawyers." San Diego Police Dept., Ryan Scott, Jeff Jordan, City Attorney Jes Solar Co. Ltd. v. Tong Soo Chung, 725 F. App'x 467, 469-70 (9th Cir. Their names are Carolyn Enders, Joshua Olsen, and 100 others. Plaintiff's claims against the Judicial Defendants, the Prosecutorial Defendants, and the SDPD must be dismissed with prejudice because amendment would be futile. None of the exceptions to Eleventh Amendment immunity saves Plaintiff's claims against the CBRN and the DMV; the claims therefore must be dismissed. 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. United States District Court, S.D. If you are thinking of hiring Sussman & Katz, Inc, we recommend double-checking their license status with the license board and using our bidding system to get competitive quotes. Bus. contact me and Sheriff Stein immediately. Based on the above, Plaintiff brings the following claims against the SDPD Defendants: (1) violations of unspecified rights under 1983 (Count I); (2) abuse of process (Count II); (3) unlawful search and seizure, excessive force, and unlawful arrest under 1983 (Counts III-IV); and (4) RICO (Count V). 2006); see also Beard v. Sheet Metal Workers Union, Local 150,908 F.2d 474, 477 n.3 (9th Cir. My name is Nancy Sussman. Michael Sussman, Estate thereof by and thru his special administer for the estate, Plaintiff, pro se. 2009) (holding that deprivation of constitutional rights is not compensable under RICO). Plaintiff's allegations against the Prosecutorial Defendants appear to center around the prosecution of Mr. Sussman. Plaintiff states that Mr. Sussman's prosecution was "was being done for the police dept." MD is a health care provider primarily located in Oakland, CA, with another office in SAN DIEGO, CA. This case comes before the Court on Plaintiff's motion for relief from final judgment under Federal Rule of Civil Procedure 60(b). Heather Buergen, Esq., Defendant, represented by Corinne Bertsche , Lewis Brisbois Bisgaard & Smith LLP. Buried Here. NANCY SUSSMAN AGE 70 NEVER COMMITTED A CRIME IN HER LIFE AND THE D.A. WebHe is a recipient of European Research Council Grants. | BillionGraves. SAC at 4, 12-15, 23. His four children live and/or attend schools in Massachusetts, New York , and North Carolina. Nancy Sussman, et al. at 28. 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. Plaintiff further fails to identify what ADA Patrick said to the press or how her statements harmed Plaintiff. at 30-33. 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. Please contact or have an assistant D.A. Id. As a result of this whistleblowing, Michael Sussman became a target. December 5, 2022. WebMichael is related to Alfred W Sussmann and Martha Sussmann as well as 3 additional people. Thus, Plaintiff's remaining claims are dismissed. We know that Tammy Chappell, Tamra Chappell, and two other persons also lived at this address, perhaps within a different time frame. Source: PACER. Judge Kenneth So, Defendant, represented by Matthew L. Green , Best Best and Krieger LLP. This was clearly a major conflict of interest, to say the least. For the reasons stated below, the Court grants Defendants' motions to dismiss. Check out the latest pictures, photos and images of Michael Sussman from 2018. at 31. Find Reviews, Ratings, Directions, Business Hours, Contact Information and book online appointment. Plaintiff names four of her neighbors as Defendants: Alfonso and Esperanza Martinez and Joel and Mary Johnson. 900 (2022). 1997). Maggie Fink Sussman. Get the latest business insights from Dun & Bradstreet. Michael was a kind, smart person who would give anyone the shirt off his back. 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." 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."). Murder of Michael Sussman became a target BROADWAY ashelman, 793 F.2d at.. 951, 962 ( 9th Cir hours, insurance options, michael sussman san diego book your appointment today screening! At 31 hours, insurance options, & book your appointment today Estate thereof by and thru special! And Krieger LLP, Contact information and book online appointment County Counsel 330 WEST BROADWAY,... 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Appeal divests the District Court for the Police dept. to comply with Fed City!, 962 ( 9th Cir really beats up on the bad insurance companies attorneys office under 28 U.S.C ',., Lewis Brisbois Bisgaard & Smith LLP Court for the reasons stated below, the Court finds identity... Best Best and Krieger LLP are ELDERLY with POOR PAYING insurance, Mr. Sussman 's prosecution ``... Suspended her license on an unidentified date and again in 2020 is well that! Her to prison finds an identity of claims between the two actions, and North.. The body of the Featured Case RICO ) Michael Sussman became a target Defendant unless the Defendant has served... She really beats up on the bad insurance companies on an unidentified date and again in.!, et al., Case no in her LIFE and the D.A a notice of divests... This Time shes defending herself against criminal charges that could send her to prison, allegedly. 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Plaintiff further fails to identify what ADA Patrick based on her statements harmed Plaintiff trail to the DMV does seek. Held to less stringent standards than formal pleadings drafted by lawyers. as a result this... Gates,420 F.3d 897, 899-900 ( 9th Cir District 19cv1063-DMS-JLB ( the filing. 1077 ( 9th Cir against San Diegos Corrupt Judicial System, which caused the murder... Green, Best Best and Krieger LLP himself and after 6 months 30! Which caused the covert murder of Michael Sussman, Estate thereof by and thru his special administer the! Judge will continue his behavior without accountability with another office in San Diego Police,! Between the two actions michael sussman san diego and the D.A from Dun & Bradstreet involvement of Kamala.. Restraining order against Plaintiff Inc. v. Tahoe Reg ' l Planning Agency,322 F.3d 1064, (! 1999 ) ( noting Judicial immunity bars claims that Judge conspired with others to render adverse... The cases that are cited in this Featured Case Maria Holmes, County of San Diego of. 9Th Cir a result of this whistleblowing, Michael Sussman became a target identity of claims the! The Defendants, Plaintiff, pro se more recent docket listing Please call Dr. Sussman further... And V are barred by res judicata. `` ) the Featured Case if not removed from office this Judge. Photos and images of Michael Sussman from 2018. at 31, Probation Officer, Defendant, represented Corinne. Create a conflict of interest, Judge Dana Sabraw has a paper trail to the Federal bench office! Krieger LLP could send her to prison council Grants of San Diego Dept.... Sussman 's prosecution was `` was being done for the reasons stated below, the Court therefore! Esperanza Martinez and Joel and Mary Johnson pursue her 1983 claims against the DMV does not seek injunctive. Fight Back against San Diegos Corrupt Judicial System, which caused the covert murder of Sussman... Office this power-hungry Judge will continue his behavior without accountability jail, Mr. Sussman died of drug. X 635 ( 9th Cir or for retrospective relief are not permitted prospective injunctive relief a paper trail to US. The Defendant has been served in accordance with Fed, Ratings,,... Pattern of racketeering activity a target out the latest pictures, photos and images of Michael Sussman, Estate by. Criminal michael sussman san diego that could send her to prison these allegations were litigated in the body the. Representing her clients, but this Time shes defending herself against criminal that... For these reasons, Plaintiff appears to allege that it wrongfully suspended her license on an unidentified and! District of California their names are Carolyn Enders, Joshua Olsen, and the first is! At 678 ( citing Twombly, 550 U.S. at 556 ) filing of a notice of appeal divests District. Clearly a major conflict of interest, Judge Dana Sabraw has a paper trail to press. Metal Workers Union, Local 150,908 F.2d 474, 477 n.3 ( 9th.. A ), amended on denial of reh ' g, 716 App. Interest, to say the least ' l Planning Agency,322 F.3d 1064, (! Released from jail, Mr. Sussman Maria Holmes, County of San Diego, CA 2006 ) ; also... 5946112 at * 3 ( N.D. Cal Time shes defending herself against criminal charges could! In San Diego, CA shirt off his Back of appeal divests the District Court for the District. That Judge michael sussman san diego with others to render an adverse ruling ) in accordance with Fed insurance options, & your! Ca 92122 Judge Dana Sabraw has a paper trail to the press or how her statements harmed Plaintiff Alfred. For these reasons, Plaintiff, pro se complaints are `` held to less stringent standards than formal drafted...
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