Moreover, as discussed above, Plaintiff's Count I and V based on the conspiracy against her son are barred by res judicata, making amendment futile, and thus Counts I and V are dismissed with prejudice. WebFind company research, competitor information, contact details & financial data for Sussman & Katz, Inc. of San Diego, CA. It is well settled that the "filing of a notice of appeal divests the district court of jurisdiction." MD is a health care provider primarily located in Oakland, CA, with another office in SAN DIEGO, CA. They put him in 3 different rehab facilities, after the completion of the court-ordered drug rehab they recommended that he return home. ORDER GRANTING DEFENDANTS' MOTIONS TO DISMISS JINSOOK OHTA, 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. Plaintiff does not argue on opposition that she made reasonable attempts to serve the SDPD Officers, and there are no proofs of service or other evidence in the record that suggest that attempts were made. 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." Dated: November 22, 2019, Case No. Judges are "immune from damage actions for judicial acts taken within the jurisdiction of their courts." SAC at 24-25. Dr. Joshua Michael Sussman, PhD . San Diego Police Dept., Ryan Scott, Jeff Jordan, City Attorney 2022) Court Description: ORDER Granting Defendant's Motions To Dismiss [Dkts. During this arrest, Plaintiff states that individually named SDPD Officers Highhorse and Mondello jumped on her and "put Sussman handcuffs on so tight Sussman suffered heart pains," respectively. Dr Thomas Lian M.D. The State Bar is giving in to political pressure to retaliate against Sussman's right to free speech. NANCY SUSSMAN, MICHAEL SUSSMAN ESTATE THEREOF BY AND THRU HIS SPECIAL ADMINISTER FOR THE ESTATE, Plaintiff, P. 4(e) (provides that service can be effected by (1) personal delivery, (2) delivery at dwelling to someone of suitable age and discretion residing there, (3) delivery to authorized agent, or (4) by compliance with applicable state laws. 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. 2018) (holding the Ex Parte Young doctrine allows for prospective injunctive relief against state officials named in their official capacity). Charley Khoury, Defendant, represented by Charles R. Khoury, Jr. , Law Offices of Charles R. Khoury. These are some of the names: World Automotive Financial Services,inc and Lavi International Corporation,. A Rule 12(b)(6) motion to dismiss tests the sufficiency of the complaint. United States District Court, S.D. The State Bar Court found Nancy guilty of engaging in the following misconduct. Nancy Sussman, et al. Hon. February 2022), Nancy will resume her so-called brand of law at 5823 Lomond Drive in San Diego, California in late January 2025. 2004). Adam J Sussman and Adam Jay Sussman are some of the alias or nicknames that Adam has used. SAC at 28-30. 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. This is an excess force to the point of terrorism. Jennifer Simone, Probation Officer, Defendant, represented by Melissa Maria Holmes , County of San Diego Office of County Counsel. 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 Prior Action Dkt. 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." 2005) (holding that plaintiff cannot recover under RICO based upon allegations of false imprisonment); Lauter v. Anoufrieva,642 F.Supp. Plaintiff also claims that DA Stephan refused to investigate her son's death in 2018. Id. 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." Psychology (0) Oakland, CA . 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. John D Kirby, Defendant, represented by Ashley Walker Nagashima , Walsh McKean Furcolo, LLP. He did not qualify as with third-party assistance from his family he functioned well. His four children live and/or attend schools in Massachusetts, New York , and North Carolina. See Dkts. The SDPD Defendants seek dismissal of Plaintiff's claims for violations of civil rights under 1983, abuse of process, and RICO under Counts I-V on the grounds that the SDPD is not a proper Defendant, and the individually named SDPD Officers have not been properly served. 76 at 9 (same). WebView Michael Sussman results in California (CA) including current phone number, address, relatives, background check report, and property record with Whitepages. Buried Here. 4." The Court finds that certain of Plaintiff's claims must be dismissed with prejudice. Click on the case name to see the full text of the citing case. SAN DIEGO POLICE DEPARTMENT, et. This order dismisses those Defendants on other grounds set forth in sections II.A and II.C-D.). Maggie Fink Sussman. 73 at 9-10 (denying consent); Dkt. Plaintiff concludes that Allstate violated the implied covenant of good faith and fair dealing by failing to perform an adequate investigation, settling with the other driver, filing a SR 22 form indicating Plaintiff was at fault, and lying to Plaintiff regarding the fact of the SR 22 form and the settlement. 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 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. WARNING: SCRIPPS MERCY HOSPITAL MISTREATS PSYCHIATRIC PATIENTS WHO ARE ELDERLY WITH POOR PAYING INSURANCE. 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. (quoting Carnegie-Mellon Univ. 1983; United States v. Kama,394 F.3d 1236, 1239-40 (9th Cir. Check out the latest pictures, photos and images of Michael Sussman from 2018. WebMichael's Law. 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). Join Facebook to connect with Michael Sussman and others you may know. SAC at 25. 2002) (finding leave to amend futile where "plaintiffs cannot cure the basic flaw in their pleading"); Lipton v. Pathogenesis Corp.,284 F.3d 1027, 1039 (9th Cir. 2004) (holding that the filing of a notice of appeal strips the district court of jurisdiction over the Rule 60(b) motion). Cal. of U.S., 137 F. App'x 72 (9th Cir. 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 at 7-8, 14-16. Hebbe v. Pliler,627 F.3d 338, 342 (9th Cir. 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. 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. Accordingly, Plaintiff's Counts XI and XIII against the CBRN and the DMV are dismissed. 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. Because all the elements for res judicata are met, Plaintiff's Count I and Count V are dismissed as to the aforementioned Defendants. Cal. United States District Court, S.D. may be available from PACER. ECF No. Plaintiff states that Mr. Sussman's prosecution was "was being done for the police dept." https://petitions.moveon.org/sign/recall-of-san-diego-judge. 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. See Katzier Floor, 394 F.3d at 1148 (vacating the district court's order denying appellants' Rule 60(b) motion). There were series of unlawful aggressive violent acts without limit imposed upon Michael Sussman by the San Diego police department, City Attorneys office, some judicial officials, i.e. San Diego, CA 92101. WebINCOGNOLIO Pre-Orders Go Live! Id. 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"). Listed below are those cases in which this Featured Case is cited. 2000)). 1999) (noting judicial immunity bars claims that judge conspired with others to render an adverse ruling). Id. P. 9. Click on the case name to see the full text of the citing case. A court, however, need not accept all conclusory allegations as true. Because these allegations were litigated in the Prior Action, Counts I and V are barred by res judicata. denied,142 S.Ct. Rather it must "examine whether conclusory allegations follow from the description of facts as alleged by the plaintiff." Holden v. Hagopian,978 F.2d 115, 1121 (9th Cir. 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. Pro se complaints are "held to less stringent standards than formal pleadings drafted by lawyers." 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. at 14. Early Career Investigator . See Federated Dep't Stores, Inc. v. Moitie,452 U.S. 394, 398 (1981); see also Stewart v. U.S. Bancorp,297 F.3d 953, 956 (9th Cir. 19cv1063 DMS (JLB) (the "Prior Action"). PeopleFinders is the best people search for finding people and public records. Dana M. Sabraw United States District 73, 76, 78, 80-81, 83-86, 89-90]. In re Lazar,237 F.3d 967, 976 (9th Cir. In addition to being barred by res judicata as discussed above, Plaintiff's RICO claim fails under Rules 8 and 12(b)(6). Bell Atlantic Corp. v. Twombly,550 U.S. 544, 555 & n.3 (2007) (citations omitted). 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. This case comes before the Court on Plaintiff's motion for relief from final judgment under Federal Rule of Civil Procedure 60(b). The second element of res judicata is met because Plaintiff's Prior Action was resolved on the merits. Shortly after being released from jail, Mr. Sussman died of a drug overdose. 1983cv Civil Rights Act - Civil Action for Deprivation of Rights ECF No. 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. Their specialties View Profile . 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. SAC at 6, 9, 11-13, 16-18. We demand that a case be opened for a review into the death of Michael Sussman immediately without any further delay. SAC at 12. Id. 110, 128. Click the citation to see the full text of the cited case. 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." Lab'y,131 F.3d 836, 839 (9th Cir. 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.") WebJudge Kenneth K So caused a 24 Year old man, Michael Sussman, along with the City Attorneys office and Michael Sussmans own attorney, Michael McCABE, to be Zmurkewicz, US District Court for the Southern District of California. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. Id. As a result of this whistleblowing, Michael Sussman became a target. Id. at 30-33. 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. United States District Court, S.D. WebRecord for Maggie Fink Sussman 1955 - 1993 in El Camino Memorial Park, San Diego, San Diego, California, United States from BillionGraves GPS Headstones. v. San Diego Police Dept., et al., Case No. Amendment would therefore be futile and only prolong the litigation. 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. Proc. As we speak (ca. Lastly, the SDPD is an improperly named Defendant and Plaintiff's 1983 claims against it cannot be cured by any restatement of the facts. at 1076 (citation and quotations omitted). SAC at 18. In deciding whether to exercise supplemental jurisdiction, the court should consider the interests of judicial economy, convenience, fairness, and comity. 3:2020cv01085 - Document 139 (S.D. Alfonso Martinez, Defendant, represented by Gregory P. Konoske , Konoske Akiyama & Brust LLP. Plaintiff does not further elaborate on the SDPD Defendants' role in any conspiracy. I have not worked since. 1999); Sabatini v. California Bd. Gould v. Mutual Life Ins. 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. Not by coincidence, my civil rights case was assigned to Summer Stephans husband, Federal Judge Dana Sabraw. Michael was targeted by the SDPD, profiled with false charges false police reports. Cause: 42 U.S.C. After the dismissal of her Prior Action, Plaintiff filed the instant action on June 15, 2020. 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 1367(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. Plaintiff's allegations against the Prosecutorial Defendants appear to center around the prosecution of Mr. Sussman. ), amended on denial of reh'g, 716 F. App'x 635 (9th Cir. Chaset v. Fleer/Skybox Int'l, LP,300 F.3d 1083, 1088 (9th Cir. at 15. SAC at 4. R. Civ. Each of these acts involves Defendants DA Stephan, ADA Patrick, Elliot, and Scott initiating prosecutions and presenting the state's case in court. THEY VIOLATE EMTALA. When the mother was able to get him out on bail he died mysteriously 2 days later. Katzir Floor & Home Designs, Inc. v. M-MLS.com, 394 F.3d 1143, 1148 (9th Cir. The admitted year is 1986-12-11. Michael was charged with 18 bogus stacked on misdemeanors. 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. I had a collar bone break and a broken femer. 1995) (noting that the CTCA requires "timely presentation of a written claim and [] rejection" and a "plaintiff must allege compliance or circumstances excusing compliance"). 37-2016-00045136-CU-HRCTL; SAC at 6, 9, 16-17. 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. Id. 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." et al, No. 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." 102 persons linked to this address. We are here to tell Michaels story and expose the truth about what is really going on in the San Diego judicial system. 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. Source: PACER. 111. Click the citation to see the full text of the cited case. 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. Id. Judge Kenneth So, Defendant, represented by Matthew L. Green , Best Best and Krieger LLP. 1961(4). Vehicle Code 1500. To the extent Plaintiff's allegations are brought under 1983, no constitutional violation has been alleged. P. 8(a)(2). According to Plaintiff, ADA Patrick participated in these events, although her role is not specified. Plaintiff brings claims against Prime Healthcare Paradise Valley, LLC dba Paradise Valley Hospital ("Paradise") and Dr. Prakash Bhatia based on her involuntary psychiatric confinement, unrelated to the rest of her claims. We feel this has resulted in the Obstruction of Justice for a victim of A CRIME. 7, 2019); Cal. SAC at 11-13, 17-18. See Dkt. Plaintiff purportedly was only allowed to leave the psychiatric hospital after Dr. Bhatia fraudulently "orchestrated a pretend hearing." Citations are also linked in the body of the Featured Case. 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. Conf. His research focusses on vascular biology, hypertension, and clinical immunology. Cal. Tahoe-Sierra Pres. Id. He was beaten, falsely imprisoned, and harassed for two years before it consumed him. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. Id. The family is During Plaintiff's second arrest on October 28, 2019, the SDPD allegedly used "brutal force" and "used unlawful search and seizure to obtain warrant on Sussman." Cal. On June 6, 2019, Plaintiff sued in the United States District Court for the Southern District of California, alleging a conspiracy to falsely prosecute and convict Mr. Sussman. California. Plaintiff claims that Defendants committed multiple illegal acts over the past ten years, ranging from "Satanic Jury trials" to "causing the death of Michael Sussman." Dkts. 118 at 1. Join Facebook to connect with Michael Sussman and others you may know. 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. Web5 customer reviews of Hayworth and Sussman Attorney at Law. First, Plaintiff's claims against the Judicial Defendants are absolutely barred by judicial immunity, and thus Plaintiff cannot cure her claims as to them. Select this result to view Michael Anthony Sussmann's phone number, address, Anoufrieva,642 F.Supp, with another office in San Diego police Dept., et al., No! Ada Patrick participated in these events, although her role is not.. ; Dkt of judicial economy, convenience, fairness, and clinical immunology the latest pictures, photos and of! Listed below are those cases in which this Featured case is cited 1999 ) ( 6 ) motion to tests. V. Kama,394 F.3d 1236, 1239-40 ( 9th Cir chase on I-5 competitor information, details!, or to explain individual moderation decisions rehab they recommended that he return.. 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