ORDER GRANTING DEFENDANTS' MOTIONS TO DISMISS JINSOOK OHTA, 1367(c); Sanford v. Member Works, Inc.,625 F.3d 550, 561 (9th Cir. Follow the Story. Public Source: PACER. Plaintiff also claims that DA Stephan refused to investigate her son's death in 2018. We know about ten companies registered at this address. 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." at 24-25. (quoting Carnegie-Mellon Univ. 1990) ("Federal law dictates that a dismissal with prejudice bars a later suit under res judicata."). 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). 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. Plaintiff does not specify, however, what evidence was fabricated, what testimony was false, nor the court hearing at which testimony took place. Dismissal with prejudice is warranted where amendment would be futile because flaws in the claims cannot be cured. Maggie Fink Sussman. Clarinetist Michael Sussman has appeared as orchestra principal, soloist, or recitalist throughout the U.S., and has concertized in 32 countries on four continents. Judge Kenneth So wrongfully convicted Michael for crimes he did not commit by not allowing the public to view jury selection, had bailiff beat up Nancy Sussman, changed jury instructions, deleted favorable evidence, sent a fine young man to George Bailey prison for a period of 2 years or he could live in a hotel forever. 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. Please call Dr. Sussman for further information or to set up a screening interview. WebLisa Ann Sussman (Reigstration# 124989) is an attorney registered with State Bar of California. Check out the latest pictures, photos and images of Michael Sussman from 2018. When they were timely. at 18-19. Plaintiff brings claims against two state agencies, the California Department of Motor Vehicles (the "DMV") and the California Board of Registered Nursing (the "CBRN") based on discrete events unrelated to the prosecution of Mr. Sussman. Iqbal, 556 U.S. at 678 (citing Twombly, 550 U.S. at 556). Id. 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). Id. The Defendants described below have moved to dismiss the claims against them. Id. When claims are barred by immunity or by res judicata, amendment is plainly futile. Williams v. Woodford, 384 F.3d 567, 586 (9th Cir. NANCY SUSSMAN and MICHAEL SUSSMAN, Plaintiffs, v. SAN DIEGO POLICE DEPARTMENT, et al., Defendants. 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. 1367(a). 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. 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. San Diego Police Dept., Ryan Scott, Jeff Jordan, City Attorney Office & Mara Elliot, Defendants, represented by Steven Ray Guess , Office of the City Attorney - City of San Diego. at 31. Find Reviews, Ratings, Directions, Business Hours, Contact Information and book online appointment. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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. Queen Mary University of London. Plaintiff does not further elaborate on the SDPD Defendants' role in any conspiracy. at 31-32. Bd.,235 F.3d 553, 557 (10th Cir. All of the corrupt officials, Gregory Pollack & Jill Lindberg will testify, Kamala Harris will be mentioned. 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. Click on the case name to see the full text of the citing case. ECF No. The family is Since then, Summer Stephan and her minion Wendy Patrick has charged Nancy Sussman with 5 felonies and 3 misdemeanors for retaliation, to get her to keep quiet. My novel, INCOGNOLIO, was accepted for the Kindle Scout contest and Im Michael McCabe, Defendant, represented by Craig Joseph Leff , Law Offices of Craig Joseph Leff. Heather Buergen, Esq., Defendant, represented by Corinne Bertsche , Lewis Brisbois Bisgaard & Smith LLP. Dittman v. California,191 F.3d 1020, 1025-26 (9th Cir. WE NEED DOCTOR LIKE LIAN AND PHILLIPS TO HAVE THEIR MEDICAL LICENSE REMOVED. The address is 4720 Lincoln Blvd 2nd Fl, Marina Del Rey, CA 90292. 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." Michael was charged with bogus misdemeanor's by the City attorneys office. Id. After the first suspension, Plaintiff "demanded of the DMV the suspension be removed it was not." Plaintiff has 45 days from the date of this order to file an amended complaint on the claims dismissed without prejudice. Zmurkewicz, US District Court for the Southern District of California. Michael and his mother were set up by the SDPD. Id. For instance, in both actions, Plaintiff challenged Judge So's and Defendant Scott's conduct at Mr. Sussman's trial and alleged that Defendant Elliot and the SDPD helped ensure that Mr. Sussman was convicted. Plaintiff Nancy Sussman's son, Michael Sussman, was convicted in San Diego Superior Court for a variety of misdemeanors related to a domestic violence incident and was given a one-year sentence. On November 4, 2019, the District Court dismissed Plaintiff's Second Amended Complaint with prejudice. Id. 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. It will be sent to The California State House, The California State Senate, and 3 others. As a result of this whistleblowing, Michael Sussman became a target. "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." 2005) (affirming dismissal with prejudice on res judicata grounds); Strand v. Gov't of U.S.,846 F.2d 1383, at *2 (9th Cir. 1983cv WebLaunching 30-Day Kindle Scout Campaign! Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. Moreover, Congress has not specifically allowed suits against states or their agencies under 1983. 2008) (citation omitted). WebRecord for Freda Sussman 1922 - 2008 in El Camino Memorial Park, San Diego, San Diego, California, United States from BillionGraves GPS Headstones. He resides in Amherst, Massachusetts with his wife, Lynn. Accordingly, Plaintiff's Counts XI and XIII against the CBRN and the DMV are dismissed. Id. 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. Judge Pollack, Judge So, and Michael's own attorneys as well that equaled collusion and corruption. Plaintiff also failed to follow the procedure set forth in Rule 62.1. R. Civ. 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. 2006); see also Beard v. Sheet Metal Workers Union, Local 150,908 F.2d 474, 477 n.3 (9th Cir. She really beats up on the bad insurance companies. Help us by writing the governor as this will result in more innocent people being tortured. 415.20. Plaintiff also alleges that the Martinez couple and two other neighbors, Joel and Mary Johnson, sent defamatory complaints to the CBRN that "Sussman as `crazy' mentally Ill' under arrest, in jail etc. Her attorney also colluded with the Judge. v. Cohill,484 U.S. 343, 350 n.7 (1988), superseded on other grounds by statute as recognized in Fent v. Okla. Water Res. The case of death was determined to be a combination of drugs Heroin- Cocaine. I had a collar bone break and a broken femer. A day later a 2-time felon whom Michael met at the state prison, gave Michael heroin and cocaine, drugs he never took in his life. He did not qualify as with third-party assistance from his family he functioned well. WebQuick Facts 2036 Randolph Drv, San Jose, CA 95128-2727 is the current address for Howard. For the reasons discussed below, the Court denies Plaintiff's motion. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. Plaintiff alleges that Allstate promised to do an independent investigation into the accident but ultimately failed to do so. Michael was a kind, smart person who would give anyone the shirt off his back. Ashelman v. Pope,793 F.2d 1072, 1075 (9th Cir. & Prof. Code 2701; Cal. at 7. 28 U.S.C. The Court, therefore, lacks jurisdiction to entertain Plaintiff's motion and it is accordingly denied. 1999) (noting judicial immunity bars claims that judge conspired with others to render an adverse ruling). Lund v. Cowan,5 F.4th 964, 969 (9th Cir. SUMMER STEPHAN DISTRICT ATTORNEY His main focus is on using translational approaches to understand disease pathology. Plaintiff does not state any further context or facts in support of this allegation. Nearly all of Plaintiff's allegations concerning the Prosecutorial Defendants involve prosecutorial acts closely tied to the initiation and presentation of state prosecutions. NANCY SUSSMAN AGE 70 NEVER COMMITTED A CRIME IN HER LIFE AND THE D.A. This is an excess force to the point of terrorism. Not by coincidence, my civil rights case was assigned to Summer Stephans husband, Federal Judge Dana Sabraw. Dittman, 91 F.3d at 1025-26. WebMichael Sussman pictures from 2018. 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. 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. 2005) (holding that plaintiff cannot recover under RICO based upon allegations of false imprisonment); Lauter v. Anoufrieva,642 F.Supp. 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 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. To establish a RICO injury, the plaintiff must show "harm to a specific business or property interest and if the alleged business or property interest is cognizable under state law." Refine Your Search Results All Filters. 4." 37-2016-00045136-CU-HRCTL; SAC at 6, 9, 16-17. 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. Corruption at its finest in San Diego. : 19-CV-1063-DMS-JLB (S.D. Unless your office reviews Sheriff Stein's material and the Coroner's autopsy, pictures, and witness statements you cannot decline a case referred. Dear MS. STEPHANS : Your office has refused to accept the referral of this case Heroin prescription results in the death of Michael Sussman for the prosecution of drug prescription by Anders Holthaus a serial felon for drug seller for the death of my son on 12/21/2018. SAC at 4. Fed. Fed. Code Civ. (408) 280-7448 (Pacific Bell), (619) 665-5833 (Sprint Spectrum LPPacific Bell) are the phone numbers for Howard. Unrelated to those claims concerning her son, Plaintiff also alleges that Defendant Alfonso Martinez submitted a false police report in 2019 that Plaintiff threatened him. 2014) ("To show the existence of an enterprise under the second element, plaintiffs must plead that the enterprise has (A) a common purpose, (B) a structure or organization, and (C) longevity necessary to accomplish the purpose."). "Racketeering activity" is any act indictable under the several provisions of Title 18 of the United States Code. 1995) (noting that the CTCA requires "timely presentation of a written claim and [] rejection" and a "plaintiff must allege compliance or circumstances excusing compliance"). Vehicle Code 1500. Your donations are needed to help defray the recurring costs for internet services, cable access, research via LexisNexis, media subscriptions, and the employment of a researcher and editor. at 24. Use tab to navigate through the menu items. It is well settled that the "filing of a notice of appeal divests the district court of jurisdiction." 42 U.S.C. 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. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. Because these allegations were litigated in the Prior Action, Counts I and V are barred by res judicata. Michael was charged with 18 bogus stacked on misdemeanors. Very caring person. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. With the dismissals set forth above, the only remaining claims are state law claims for suspected murder (Count VI); false imprisonment (Count IX); violation of the implied covenant of good faith and fair dealing (Count X); false arrest (Count XI); defamation (Count XIII); and interference with prospective economic advantages (Count XIV). Sussman is a Professor of Music at the University of Massachusetts in Amherst, with former students performing in such professional ensembles as the Singapore at 19. Jennifer Simone, Probation Officer, Defendant, represented by Melissa Maria Holmes , County of San Diego Office of County Counsel. None of the exceptions to Eleventh Amendment immunity saves Plaintiff's claims against the CBRN and the DMV; the claims therefore must be dismissed. 900 (2022). For the reasons set out above, the Court denies Plaintiff's Rule 60(b) motion for lack of jurisdiction. The Court, therefore, lacks jurisdiction to entertain Plaintiff's motion and it is accordingly denied. Here, Plaintiff filed a notice of appeal before she moved for relief from judgment pursuant to Rule 60(b). 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 In 1993, he paid Governor Pete Wilson $1200 to be placed as a municipal court judge. Therefore, these acts cannot form a basis for liability. Citations are also linked in the body of the Featured Case. Furthermore, Sussman reported Judge So and Judge Pollack to the commission. Lived in Corona CA | Mission Viejo CA Related to Michael Sussman | Aaron Sussman | Beth Weinstein | Dana Weinstein | Danielle Sussman. Kenneth So was the same Judge who charged a mother from Alabama with kidnapping her own child. We know about ten companies registered at this address. 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." 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." Buried Here. This docket was last retrieved on November 22, 2019. 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. v. They may think they have won the battle, but we are here to fight the war. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. State Bar Hearing is pending on the 23rd and the 24th of February. Danielle Sussman for relief from judgment pursuant to Rule 60 ( b ) for... To Rule 60 ( b ) motion for lack of jurisdiction. Lincoln 2nd. 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As with third-party assistance from his family he functioned well under RICO based allegations. Subscribe to Justia 's Free Newsletters featuring summaries of Federal and state Court.... Have moved to dismiss the claims against them entertain Plaintiff 's motion and it is well settled that the filing! Docket was last retrieved on November 4, 2019, the District Court of jurisdiction. of notice... For the Southern District of California agencies under 1983 Aaron Sussman | Beth Weinstein | Sussman... Accordingly, Plaintiff filed a notice of appeal divests the District Court dismissed Plaintiff 's Second complaint. Union, Local 150,908 F.2d 474, 477 n.3 ( 9th Cir the point terrorism... Not specifically allowed suits against states or THEIR agencies under 1983 collar bone break and broken. Not provide legal advice NEED DOCTOR LIKE LIAN and PHILLIPS to have THEIR MEDICAL LICENSE REMOVED,. When two suits arise from ` the same transactional nucleus of facts. ' to render an adverse ).
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