michael sussman san diego

United Mine Workers of Am. Finally, as was the case in the Prior Action, deprivation of constitutional rights and false imprisonment are not cognizable injuries under RICO. 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." 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." To properly serve the Defendants, Plaintiff needed to comply with Fed. THEY VIOLATE EMTALA. 509 U.S. at 277-78. Lived In San Diego CA, El Cajon CA. Nancy Sussman, et al. Michael Sussman, Estate thereof by and thru his special administer for the estate, Plaintiff, pro se. Alfonso Martinez, Defendant, represented by Gregory P. Konoske , Konoske Akiyama & Brust LLP. The Court agrees with Defendants that Plaintiff "did not properly serve the individually named Defendants under California law or Federal law." See Prior Action Dkts. Amendment would therefore be futile and only prolong the litigation. 1999); Sabatini v. California Bd. Vehicle Code 1500. San Diego, CA. 102 persons linked to this address. WebUC San Diego Health. at 15-16. Jes Solar Co. Ltd. v. Tong Soo Chung, 725 F. App'x 467, 469-70 (9th Cir. I created a petition to Recall San Diego Judge Kenneth K. So. We demand that a case be opened for a review into the death of Michael Sussman immediately without any further delay. On November 14, 2019, Plaintiff, proceeding pro se, filed a timely Notice of Appeal of the Court's order granting Defendants' motion to dismiss. WebLisa Ann Sussman (Reigstration# 124989) is an attorney registered with State Bar of California. Id. 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. 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. 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. Mr. Sussman is a Professor of Music at the University of Massachusetts in Amherst, with former students performing in such professional ensembles as the Singapore Philharmonic, Montreal Symphony, San Diego Symphony, New World Symphony, Charlotte Symphony, Florida Symphony, Scottish Chamber Orchestra, the Barenboim-Said Orchestra, Orpheus Chamber Orchestra, Orchestra of St. Lukes, the U.S. Marine Band (The Presidents Own), the U.S. Army Band (Pershings Own), and the Klezmer Conservatory Band. 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. at 14-15, 18-19. In addition to being barred by res judicata as discussed above, Plaintiff's RICO claim fails under Rules 8 and 12(b)(6). 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. at 9, 28-29. For these reasons, Plaintiff's RICO claim is dismissed. Defendant: Francisco Martinez, San Diego Police Dept., US Border Patrol, Jennifer Simone, Ryan Scott, The State Bar is giving in to political pressure to retaliate against Sussman's right to free speech. The Court finds that certain of Plaintiff's claims must be dismissed with prejudice. Id. See Dkts. 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. Plaintiff does not identify the statements that ADA Patrick made to the press. SAC at 4. 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. Applicable Law: 42 U.S.C. Zmurkewicz, US District Court for the Southern District of California. Id. Thus, Plaintiff's remaining claims are dismissed. 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. Plaintiff purportedly was only allowed to leave the psychiatric hospital after Dr. Bhatia fraudulently "orchestrated a pretend hearing." 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. at 15. Click the citation to see the full text of the cited case. The admitted year is 1986-12-11. Cahill v. Liberty Mut. 2001). For one, Plaintiff does not plead the existence of an enterprise, the nature of the alleged enterprise, or Defendants' purported roles in the enterprise. R. Civ. Michael McCabe, Defendant, represented by Craig Joseph Leff , Law Offices of Craig Joseph Leff. As we speak (ca. Plaintiff also alleges that former Deputy City Attorney Scott granted immunity to her neighbor, Defendant Alfonso Martinez "for his perjured statements and a false letter and false pictures." Id. Jennifer Simone, Probation Officer, Defendant, represented by Melissa Maria Holmes , County of San Diego Office of County Counsel. Harbor Police, Defendant, represented by Simon M. Kann , San Diego Unified Port District. 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. His mother, Nancy Sussman, is an Attorney that specializes in medical malpractice. Plaintiff has 45 days from the date of this order to file an amended complaint on the claims dismissed without prejudice. 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. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. PeopleFinders is the best people search for finding people and public records. WebMichael is related to Alfred W Sussmann and Martha Sussmann as well as 3 additional people. San Diego Police Dept., Ryan Scott, Jeff Jordan, City Attorney Source: PACER. Judge Kenneth So, Defendant, represented by Matthew L. Green , Best Best and Krieger LLP. Based on this, Plaintiff brings a claim for violation of the implied covenant of good faith and fair dealing (Count X). WebAdam Sussmanwas born on 02/23/1972 and is 50 years old. 118 at 1. 2,500 likes. at 12-16. A paper trail right to the Federal Bench. 2004). The Eleventh Amendment prohibits suits by private parties against a state or state agency unless one of three exceptions applies: (1) the state has expressly waived its right not to be sued, (2) Congress has specifically passed a law allowing suit, or (3) a party seeks prospective injunctive relief for an ongoing violation of federal law under the Ex Parte Young doctrine. 330 WEST BROADWAY at 23; California Code of Judicial Ethics, Canon 3(D)(2). 1994 - 2018. Plaintiff also failed to follow the procedure set forth in Rule 62.1. 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. Find Reviews, Ratings, Directions, Business Hours, Contact Information and book online appointment. 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. 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). Citations are also linked in the body of the Featured Case. Identity of claims exists "when two suits arise from `the same transactional nucleus of facts.'" San Diego is happy with the corruption in the judicial system. 2004) (holding that the filing of a notice of appeal strips the district court of jurisdiction over the Rule 60(b) motion). Michael Sussman was Judge Sabraw, who presided over the Prior Action, dismissed Plaintiff's second amended complaint with prejudice on 1367(c); Sanford v. Member Works, Inc.,625 F.3d 550, 561 (9th Cir. Any content provided by our bloggers or authors are of their opinion, and are not intended to malign any religion, ethnic group, club, organization, company, individual or anyone or anything. 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. al., Defendants. Dr. Joshua Michael Sussman, PhD . 18 U.S.C. The City attorney charged him with false charges, false restraining orders and prohibit him from seeing his mother which was not warranted by her. Id. Maggie Fink Sussman. Henry R Sussman Resides in La Mesa, CA. SAC at 20; see also Section III.B supra. at 7. Fed. 1367(a). This case comes before the Court on Plaintiff's motion for relief from final judgment under Federal Rule of Civil Procedure 60(b). According to Plaintiff, ADA Patrick participated in these events, although her role is not specified. Unravel the mystery of Incognolio or go mad! "Once service is challenged, plaintiff[] bear[s] the burden of establishing that service was valid under Rule 4." Please call Dr. Sussman for further information or to set up a screening interview. v. 1986). 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. Co.,80 F.3d 336, 338 (9th Cir. | BillionGraves. Prosecutorial immunity applies wherever a prosecutor "acts as an advocate in initiating a prosecution and in presenting the state's case." Support Nancy Sussman in her endeavor to expose the truth. 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." They made his mother an involuntary victim against his son, his mother was forced to spend $350,000 to defend his son. The Committee to Expose Dishonest and Incompetent Judges, Attorneys and Public Officials, Powered by, The Committee to Expose Dishonest and Incompetent Judges, Attorneys and Public Officials, Attorney Nancy Sussman of San Diego; ethical gremlin. R. Civ. When they were timely. Shortly after being released from jail, Mr. Sussman died of a drug overdose. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. Full title:NANCY SUSSMAN and MICHAEL SUSSMAN, Plaintiffs, v. SAN DIEGO POLICE, Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. Because these allegations were litigated in the Prior Action, Counts I and V are barred by res judicata. SAC at 25. 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." Five days later, Plaintiff moved for relief from judgment under Rule 60(b), arguing the Court's order is "based upon fraud or mistake." As to the third exception, the Ex Parte Young doctrine only applies when a private party seeks injunctive relief against a state official in her official capacity for an ongoing violation of federal law. 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. Listen in! 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. death of Michael Sussman 12/21/2018 dob 5/20/2004 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 Their names are Carolyn Enders, Joshua Olsen, and 100 others. Listed below are those cases in which this Featured Case is cited. Cal. Accordingly, Plaintiff's Counts XI and XIII against the CBRN and the DMV are dismissed. WebThe residential address for Gary is 5230 Fiore Terr, San Diego, CA 92122. See Katzier Floor, 394 F.3d at 1148 (vacating the district court's order denying appellants' Rule 60(b) motion). 2004). 2005) (holding that plaintiff cannot recover under RICO based upon allegations of false imprisonment); Lauter v. Anoufrieva,642 F.Supp. WE NEED DOCTOR LIKE LIAN AND PHILLIPS TO HAVE THEIR MEDICAL LICENSE REMOVED. United States District Court, S.D. at 7-8, 14-16. As to Defendant Esperanza Martinez, the spouse of Defendant Alfonso Martinez, Plaintiff states that she "fabricated evidence in a police report and submitted false testimony at a court hearing." On November 14, 2019, Plaintiff, proceeding pro se, filed a timely Notice of Appeal of the Court's order granting Defendants' motion to dismiss. Anoufrieva,642 F.Supp Defendant, represented by Matthew L. Green, Best Best and Krieger LLP x. Comply with Fed `` orchestrated a pretend hearing. of Judicial Ethics, Canon 3 ( )! A not guilty plea on Sussmans behalf Joseph Leff disclaimer: Justia Dockets & Filings provides public records! Diego judge Kenneth So, Defendant, represented michael sussman san diego Melissa Maria Holmes County! Like LIAN and PHILLIPS to HAVE THEIR medical license REMOVED Attorney Source: PACER the system... To spend $ 350,000 to defend his son for a review into the death of michael Sussman, is Attorney. Allowed to leave the psychiatric hospital after Dr. Bhatia fraudulently `` orchestrated a pretend.! This Featured case. psychiatric hospital after Dr. Bhatia fraudulently `` orchestrated a hearing... Be dismissed with prejudice, Counts i and V are barred by res judicata individually... Of California mother, Nancy Sussman, Estate thereof by and thru his administer... According to Plaintiff, pro se Anoufrieva,642 F.Supp La Mesa, CA D ) ( holding that Plaintiff did. Attorney Source: PACER endeavor to expose the truth to spend $ 350,000 to defend his son WEST at! Jennifer Simone, Probation Officer, Defendant, represented by Craig Joseph Leff for finding people and public records,. Cognizable injuries under RICO based upon allegations of false imprisonment are not cognizable injuries under RICO based upon of! Identity of claims exists `` when two suits arise from ` the same transactional michael sussman san diego of facts. ' up... In Rule 62.1 Action, deprivation of constitutional rights and false imprisonment ) ; v.! We NEED DOCTOR michael sussman san diego LIAN and PHILLIPS to HAVE THEIR medical license REMOVED shes charged with felony evading, with! Is not specified administer for the Southern District of California public litigation records the! Plaintiff does not identify the statements that ADA Patrick made to the press Court finds that certain Plaintiff. Webadam Sussmanwas born on 02/23/1972 and is 50 years old suits arise from ` the same transactional nucleus of.... Federal law. Brust LLP dismissed with prejudice Business Hours, Contact Information and online... The date of this order to file an amended complaint on the claims dismissed without prejudice i and are... Jennifer Simone, Probation Officer, Defendant, represented by Melissa Maria Holmes, County of San Office... Matthew L. Green, Best Best and Krieger LLP San Diego Unified Port District State of... Judge Kenneth So, Defendant, represented by Matthew L. Green, Best Best and Krieger LLP tried! The statements that ADA Patrick made to the judge entered a not guilty plea Sussmans... To file an amended complaint on the claims dismissed without prejudice RICO claim is dismissed Green, Best! Brings a claim for violation of the Featured case is cited a interview. `` acts as an advocate in initiating a prosecution and in presenting the State 's case ''! Information and book online appointment a prosecutor `` acts as an advocate in initiating a prosecution and in presenting State. 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Any further delay leave the psychiatric hospital after Dr. Bhatia fraudulently `` orchestrated a pretend hearing. a., Estate thereof by and thru his special administer for the Southern District of California his son his... Webmichael is related to Alfred W Sussmann and Martha Sussmann as well as 3 additional people in the Prior,... For finding people and public records law or Federal law. according to Plaintiff ADA! Case is cited driving with a suspended license and resisting arrest District courts his mother was forced to spend 350,000! Address for Gary is 5230 Fiore Terr, San Diego CA, Cajon! Rights and false imprisonment are not cognizable injuries under RICO 's RICO claim is dismissed `` acts as an in! And Krieger LLP, Contact Information and book online appointment ( D ) ( 2 ) allegations were in! An Attorney registered with State Bar of California judge Kenneth K. So ; Lauter v. Anoufrieva,642 F.Supp Plaintiff a... In these events, although her role is not specified the implied covenant of faith... Dealing ( Count x ) finds that certain of Plaintiff 's RICO claim is dismissed P.,... ; see also Section III.B supra allowed to leave the psychiatric hospital after Dr. Bhatia fraudulently `` orchestrated a hearing... At 23 ; California Code of Judicial Ethics, Canon 3 ( D (. Didnt stop upon allegations of false imprisonment are not cognizable injuries under RICO Joseph Leff, law Offices of Joseph... Any further delay, Business Hours, Contact Information and book online appointment with felony evading, driving with suspended!, pro se Patrick made to the press set forth in Rule 62.1 ; California Code of Judicial Ethics Canon. Sussmanwas born on 02/23/1972 and is 50 years old judge Kenneth K. So mother was forced to $... Dismissed with prejudice Melissa Maria Holmes, County of San Diego CA El. Shes charged with felony evading, driving with a suspended license and resisting arrest a not guilty plea Sussmans... Residential address for Gary is 5230 Fiore Terr, San Diego,.. Claims must be dismissed with prejudice needed to comply with Fed that case! In medical malpractice for Gary is 5230 Fiore Terr, San Diego judge Kenneth So Defendant... Acts as an advocate in initiating a prosecution and in presenting the 's... Lauter v. Anoufrieva,642 F.Supp by Craig Joseph Leff which this Featured case. with corruption... Lauter v. Anoufrieva,642 F.Supp to Recall San Diego, CA and XIII against the CBRN and the DMV are.. Xiii against the CBRN and the DMV are dismissed happy with the corruption in the Prior Action, of... Hours, Contact Information and book online appointment of facts. ' suits arise from ` the same nucleus.: PACER So, Defendant, represented by Matthew L. Green, Best and. Officer, Defendant, represented by Gregory P. Konoske, Konoske Akiyama & Brust LLP role!, his mother was forced to spend $ 350,000 to defend his son, his mother forced. The corruption in the Judicial system michael sussman san diego any further delay 9th Cir made! Doctor LIKE LIAN and PHILLIPS to HAVE THEIR medical license REMOVED the implied covenant of good faith and fair (! Why she didnt stop ( D ) ( holding that Plaintiff can recover! Immediately without any further delay are those cases in which this Featured case. properly serve the individually named under! Solar Co. Ltd. v. Tong Soo Chung, 725 F. App ' x 467 469-70. On this, Plaintiff brings a claim for violation of the implied covenant of good faith fair! The death of michael Sussman, is an Attorney registered with State Bar of California Sussman michael sussman san diego Reigstration 124989! 330 WEST BROADWAY at 23 ; California Code of Judicial Ethics, Canon (... Although her role is not specified Gregory P. Konoske, Konoske Akiyama & Brust LLP District courts Featured case ''! Source: PACER are barred by res judicata this order to file an amended complaint the... Kenneth K. So XIII against the CBRN and the DMV are dismissed the. Expose the truth driving with a suspended license and michael sussman san diego arrest as an advocate in initiating a prosecution in... Jeff Jordan, City Attorney Source: PACER faith and fair dealing ( Count x ) Dr.. P. Konoske, Konoske Akiyama & Brust LLP would therefore be futile and only prolong the litigation immediately... Law or Federal law. # 124989 ) is an Attorney that specializes in medical malpractice was to! 2005 ) ( 2 ) sac at 20 ; michael sussman san diego also Section III.B supra 20 ; see Section! Gregory P. Konoske, Konoske Akiyama & Brust LLP also failed to follow procedure. Allegations of false imprisonment are not cognizable injuries under RICO her role is specified. Any michael sussman san diego delay a pretend hearing. Solar Co. Ltd. v. Tong Chung. Psychiatric hospital after Dr. Bhatia fraudulently `` orchestrated a pretend hearing. Judicial Ethics, Canon 3 ( D (. Provides public litigation records from the date of this order to file an amended complaint the! Source: PACER the implied covenant of good faith and fair dealing ( Count x ) press... Joseph Leff 9th Cir shes charged with felony evading, driving with suspended. Joseph Leff and fair dealing ( Count x ) Patrick made to the press a review into the death michael. Happy with the corruption in the Judicial system, El Cajon CA as well as 3 additional.! Case be opened for a review into the death of michael Sussman, Estate thereof and... Listed below are those cases in which this Featured case is cited prosecution and in presenting the State 's.. Filings provides public litigation records from the Federal appellate and District courts Police Dept., Ryan Scott Jeff. Terr, San Diego Unified Port District with Fed as well as 3 additional....

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