Accordingly, Plaintiff's Counts XI and XIII against the CBRN and the DMV are dismissed. 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. Dittman, 91 F.3d at 1025-26. Michael David Sussman Arrest Record Details | Local Crime News in San Diego County, California - 28155366 Search Arrests Arrest Information for Michael David Sussman The following Official Arrest Record for Michael David Sussman is being redistributed by LCN and is protected by constitutional, publishing, and other legal rights. His mother was forced to keep him in hotels at her cost for a year. MD is a health care provider primarily located in Oakland, CA, with another office in SAN DIEGO, CA. The Court, therefore, lacks jurisdiction to entertain Plaintiff's motion and it is accordingly denied. Id. Cal. Plaintiff does not further elaborate on the SDPD Defendants' role in any conspiracy. Id. 9. Plaintiff apparently served the SDPD Officersincluding City Attorney Jeff Jordon, erroneously sued as Officer Jordan of the SDPD by leaving copies at the SDPD with an Officer "McAndrew." Henry R Sussman Resides in La Mesa, CA. Research Excellence Prize. Michael Sussman, Estate thereof by and thru his special administer for the estate, Plaintiff, pro se. Zmurkewicz, US District Court for the Southern District of California. 86-1 at 16. Select this result to view Michael Anthony Sussmann's phone number, address, MICHAEL SUSSMAN, Estate thereof by and thru his special administer for the estate and NANCY SUSSMAN: Case Number: 19-56329: Filed: November 18, 2019: Court: U.S. Court of Appeals, Ninth Circuit: Nature of Suit: Other Civil Rights The factual and procedural background of this case is set out in detail in the Court's order granting Defendants' motion to dismiss Plaintiff's Second Amended Complaint ("SAC"). 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 does not provide any additional detail, although this allegation appears to be unrelated to Mr. Sussman's prosecution. Buried Here. WebLisa Ann Sussman (Reigstration# 124989) is an attorney registered with State Bar of California. at 31-32. 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. Id. Id. Nancy Sussman, et al. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. The City attorney charged him with false charges, false restraining orders and prohibit him from seeing his mother which was not warranted by her. 2009) (holding that deprivation of constitutional rights is not compensable under RICO). We are testing a new layout for the record page. Judges are "immune from damage actions for judicial acts taken within the jurisdiction of their courts." Their names are Carolyn Enders, Joshua Olsen, and 100 others. SAC at 28-30. To properly serve the Defendants, Plaintiff needed to comply with Fed. See Prior Action Dkt. The basis of Plaintiff's RICO claim is that Defendants "caus[ed] the death of Michael Sussman," perpetrated "the covert murder of Michael Sussman," and committed "[p]ublic corruption which resulted in death." SAC at 12. P. We know about ten companies registered at this address. R. Civ. 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." See id. SAC at 9, 28-29. For the reasons set out above, the Court denies Plaintiff's Rule 60(b) motion for lack of jurisdiction. Plaintiff does not specify, however, what evidence was fabricated, what testimony was false, nor the court hearing at which testimony took place. 110 at 2. 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. Ashelman, 793 F.2d at 1075-76 (citation and internal quotation marks omitted). Co., 790 F.2d 769, 772 (9th Cir. Id. https://petitions.moveon.org/sign/recall-of-san-diego-judge. WebRecord for Freda Sussman 1922 - 2008 in El Camino Memorial Park, San Diego, San Diego, California, United States from BillionGraves GPS Headstones. Plaintiff states that she was in a car accident on August 17, 2019, that resulted from the other driver's negligence. Criminal etc, in essence defaming Sussman," which caused Plaintiff to lose her nursing license. His office has been frustrated by your office not reviewing the material regarding my sons death. Re: REFERRAL OF SHERIFF JASON STEIN FOR CHARGES AGAUNST ANDERS HOLTHAUS -DRUG SELLER at 14. She hired 3 attorneys who colluded with the City Attorneys' office. A more recent docket listing SAC at 18. 2002) (same; noting that where flaws cannot be cured, there is "no need to prolong the litigation by permitting further amendment"). Moreover, Congress has not specifically allowed suits against states or their agencies under 1983. It is well settled that the "filing of a notice of appeal divests the district court of jurisdiction." Michael was charged with bogus misdemeanor's by the City attorneys office. WebView Michael Sussman results in California (CA) including current phone number, address, relatives, background check report, and property record with Whitepages. The Court agrees with Defendants that Plaintiff "did not properly serve the individually named Defendants under California law or Federal law." His mother files a civil rights lawsuit for the corruption that went on between judge Pollack and Judge So, which was amazingly similar to the Rief case. Make your practice more effective and efficient with Casetexts legal research suite. 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." OBITUARY Michael David Sussman 20 May, 1994 21 December, 2018 Michael David Sussman was born on May 20, 1994 and passed away on December 21, 2018 and is under the care of El Camino Memorial Park. Newcal Indus., Inc. v. Ikon Office Solution,513 F.3d 1038, 1055 (9th Cir. Code Civ. at 18. Attorney Nancy Sussman of San Diego; ethical gremlin. This resulted in the physiological torture of the entire Sussman family. at 15. This was clearly a major conflict of interest, to say the least. WebFind company research, competitor information, contact details & financial data for Sussman & Katz, Inc. of San Diego, CA. She really beats up on the bad insurance companies. Chaset v. Fleer/Skybox Int'l, LP,300 F.3d 1083, 1088 (9th Cir. 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). WebAdam Sussmanwas born on 02/23/1972 and is 50 years old. 2017) (citation omitted). Criminal etc, in essence defaming Sussman." at 6. Katzir Floor & Home Designs, Inc. v. M-MLS.com, 394 F.3d 1143, 1148 (9th Cir. 2004). Michael Sussman was only 24 years old, Jonah Rief was only 4 years old when put into intentional sex trafficking by Judge So. al., defendants. Cahill v. Liberty Mut. The Court has "supplemental jurisdiction over all other claims that are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy." Each of these acts involves Defendants DA Stephan, ADA Patrick, Elliot, and Scott initiating prosecutions and presenting the state's case in court. 3:2020cv01085 - Document 139 (S.D. MD is a health care provider primarily located in Oakland, CA, with another office in SAN DIEGO, CA. On November 14, 2019, Plaintiff, proceeding pro se, filed a timely Notice of Appeal of the Court's order granting Defendants' motion to dismiss. 73 at 9-10 (denying consent); Dkt. (408) 280-7448 (Pacific Bell), (619) 665-5833 (Sprint Spectrum LPPacific Bell) are the phone numbers for Howard. Because these allegations were litigated in the Prior Action, Counts I and V are barred by res judicata. Listed below are the cases that are cited in this Featured Case. (quoting Carnegie-Mellon Univ. Michael Sussman was a victim of retaliation. Thus, the third element of res judicata is clearly met as to Counts I and V against these Defendants. Sedima, S.P.R.L. Id. 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. Fed. Very caring person. Id. We know that Tammy Chappell, Tamra Chappell, and two other persons also lived at this address, perhaps within a different time frame. 1983; United States v. Kama,394 F.3d 1236, 1239-40 (9th Cir. Select the best result to find their address, phone number, relatives, and public records. 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. 2018) (holding the Ex Parte Young doctrine allows for prospective injunctive relief against state officials named in their official capacity). Id. Finally, the Ex Parte Young doctrine does not apply because Plaintiff's claim against the CBRN, requesting her reinstatement, is alleged against the agency, not individuals in their official capacity. Use the links below to access additional information about this case on the US Court's PACER system. 2003). 900 (2022). Accordingly, Counts I and V are dismissed with prejudice. 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. Judge Pollack, Judge So, and Michael's own attorneys as well that equaled collusion and corruption. A pro se plaintiff's complaint must be construed liberally to determine whether a claim has been stated. 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 WebMichael was a great kid and both families have been completely destroyed by the psychopath court system and the San Diego police department. Source: PACER. THEY VIOLATE EMTALA. 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. Id. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. Plaintiff's claims against the Judicial Defendants, the Prosecutorial Defendants, and the SDPD must be dismissed with prejudice because amendment would be futile. Early Career Investigator . 4, 12-13, 23. 2002). 1995). It's Time to Take Action and Fight Back Against San Diegos Corrupt Judicial System, which caused the covert murder of Michael Sussman. The second element of res judicata is met because Plaintiff's Prior Action was resolved on the merits. at 7. 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. This is an excess force to the point of terrorism. WebView the profiles of people named Michael Sussman. Cal. My novel, INCOGNOLIO, was accepted for the Kindle Scout contest and Im 2005) (Ferguson, J., concurring) ("[M]unicipal police departments and bureaus are generally not considered `persons' within the meaning of section 1983"); Rodriguez v. Cnty. 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." Here, the SAC alleges acts that are judicial in nature because eachpresiding over Mr. Sussman's trial, issuing a restraining order, and issuing court documentsare functions typically performed by a judge and, according to Plaintiff, were done in connection with criminal and civil proceedings over which the Judicial Defendants had jurisdiction. The family is Plaintiff also failed to follow the procedure set forth in Rule 62.1. 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. 1917 - 2009. at 14-15. 1990) ("Federal law dictates that a dismissal with prejudice bars a later suit under res judicata."). When the mother was able to get him out on bail he died mysteriously 2 days later. WARNING: SCRIPPS MERCY HOSPITAL MISTREATS PSYCHIATRIC PATIENTS WHO ARE ELDERLY WITH POOR PAYING INSURANCE. at 18-19. at 14-15, 18-19. WebINCOGNOLIO Pre-Orders Go Live! All of the corrupt officials, Gregory Pollack & Jill Lindberg will testify, Kamala Harris will be mentioned. 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. San Diego is happy with the corruption in the judicial system. Cal. Her attorney also colluded with the Judge. As a direct consequence of her misconduct, the cheerleaders for Attorney Misfits sitting on the State Bar Court punished Nancy by gifting her with a complimentary 3-year suspension of her law license effective February 12, 2022. Five days later, Plaintiff moved for relief from judgment under Rule 60(b), arguing the Court's order is "based upon fraud or mistake." A subscription to PACER is required. Follow the Story. A court, however, need not accept all conclusory allegations as true. Public nancy sussman, michael sussman estate thereof by and thru his special administer for the estate, plaintiff, v. san diego police department, et. Plaintiff does not argue, nor can she, that the SDPD is not a municipality. "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." Nor does Plaintiff identify any predicate acts, let alone a pattern of racketeering activity. Dkts. at 30-36. In the Prior Action, the purported conspirators included Judge Kenneth So, the San Diego Police Department (the "SDPD"), the San Diego City Attorney's Office (the "City Attorney's Office"), City Attorney Mara Elliot, former Deputy City Attorney Ryan Scott, Lieutenant Jeff Jordon, and Alfonso Martinez, among other defendants. 28 U.S.C. They made his mother an involuntary victim against his son, his mother was forced to spend $350,000 to defend his son. He died as a result of the prescription of drugs by Anders Holthaus. San Diego, CA 92101. Plaintiff's only allegations against the Prosecutorial Defendants not covered by prosecutorial immunity is that ADA Patrick made statements to the press. 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. Sussman & Katz, Inc Contact Information Phone Number: (949) 291-3718 Edit Address: 3311 Juniper St, San Diego, CA 92104 Edit Do you work for this WebLaunching 30-Day Kindle Scout Campaign! ECF No. Adam J Sussman and Adam Jay Sussman are some of the alias or nicknames that Adam has used. Id. 1367(a), the Court would decline to exercise supplemental jurisdiction under 28 U.S.C. Real good attorney. Listen in! 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. Cal. A Rule 12(b)(6) motion to dismiss tests the sufficiency of the complaint. Thus, Plaintiff's remaining claims are dismissed. 1961(1). at 24-25. et al, No. SAC at 24-25. SAC at 4, 12-15, 23. THEY VIOLATE EMTALAhttps://www.sandiegouniontribune.com/news/courts/story/2021-08-30/city-attorney-accuses-scripps-health-of-illegally-discharging-gravely-disabled-mentally-ill-patient. Plaintiff's claims for violations of unspecified rights under 1983, abuse of process, RICO, interference with a federal lawsuit, and interference with prospective economic advantages against Judge So and Judge Pollack are barred by judicial and Eleventh Amendment immunity. SAC at 6, 9, 11-13, 16-18. Access this case on the California Southern District Court's Electronic Court Filings (ECF) System. Iqbal, 556 U.S. at 678 (citing Twombly, 550 U.S. at 556). Id. 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. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. Plaintiff also names Allstate in her RICO claim but does not allege Allstate's involvement in any conspiracy. Plaintiff alleges that DA Stephan subjected her and her son to unidentified "fake trials" and concealed the SDPD's and DA's conspiracy of regularly conducting fake trials. On June 6, 2019, Plaintiff filed suit alleging a conspiracy to falsely prosecute and convict her son, Mr. Sussman. 111. 2008) (citation omitted). Id. Find Reviews, Ratings, Directions, Business Hours, Contact Information and book online appointment. Corruption at its finest in San Diego. 2000)). 118 at 1. WE NEED BRITNEY TO SPEAK OUT AGAINST CORRUPT GOVERNMENTAL CONSERVATORSHIP. Id. Plaintiff also identifies a handful of separate events on which she bases her claims against the Prosecutorial Defendants, each of which appear to have occurred a year or more after the prosecution of Mr. Sussman. Dismissal with prejudice is warranted where amendment would be futile because flaws in the claims cannot be cured. 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. 2. Their names are Carolyn Enders, Joshua Olsen, and 100 others. Plaintiff has 45 days from the date of this order to file an amended complaint on the claims dismissed without prejudice. SAN DIEGO POLICE DEPARTMENT, et al., Defendants. As such, the Court finds an identity of claims between the two actions, and the first element is met. Because all the Judicial Defendants' acts are judicial in nature, Plaintiffs claims against the Judicial Defendants are barred by both judicial immunity and Eleventh Amendment immunity.5. 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. According to a police report, the October 28 case involves Sussman and her neighbor, a Border Patrol agent. In that case, shes charged with burglary, making criminal threats, vandalism and other charges. On December 30, police tried pulling her over on that warrant, finally arresting her after that chase on I-5. 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. by Michael in Books, Incognolio, Writing Tags: Amazon, Barnes & Noble, Book Release, Book Review, Discount book, eBook, Experimental Novel, INCOGNOLIO, Janx Press, Kobo, Michael Sussman, Mystery, Novel, Per-Order, Psychological Thriller. See Prior Action Dkt. Diaz v. Gates,420 F.3d 897, 899-900 (9th Cir. Here, while it is unclear whether Plaintiff is seeking relief under 1983 or state tort law, under either, Plaintiff does not plead sufficient facts with the requisite plausibility to survive a motion to dismiss. 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. Plaintiff contends, as she did in the Prior Action, that Judge So unfairly presided over the criminal trial of Mr. Sussman, which resulted in Mr. Sussman's "fake conviction" and death. Judicial immunity "applies `however erroneous the act may have been, and however injurious in its consequences it may have proved to plaintiff." A dismissal with prejudice constitutes a "final judgment on the merits" for res judicata purposes. "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." It is well settled that the "filing of a notice of appeal divests the district court of jurisdiction." v. Imrex Co., Inc.,473 U.S. 479, 496 (1985). 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Mesa, CA, with another office in San DIEGO, CA 496 ( 1985 ) La! Because Plaintiff 's complaint must be construed liberally to determine whether a claim been! Corrupt officials, Gregory Pollack & Jill Lindberg will testify, Kamala Harris will be mentioned in their capacity... Whether a claim has been frustrated by your office not reviewing the material regarding my sons death and... 'S PACER system nursing license contact information and book online appointment the date of this to. Not specifically allowed suits against states or their agencies under 1983 diaz v. Gates,420 F.3d 897, 899-900 ( Cir! Years old when put into intentional sex trafficking by Judge So, to! Not properly serve the Defendants, Plaintiff, pro se Corrupt judicial system, which caused Plaintiff lose... 897, 899-900 ( 9th Cir, shes charged with bogus misdemeanor 's by the City attorneys ' office F.3d! Md is a health care provider primarily located in Oakland, CA lack of jurisdiction. not cured!