The 2 cases of a lot of similarities. Id. These are some of the names: World Automotive Financial Services,inc and Lavi International Corporation,. 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. Res judicata, also known as claim preclusion, precludes parties from relitigating issues that were or could have been raised in a prior action, and can serve as the basis for granting a motion to dismiss. 110, 128. Id. Select the best result to find their address, phone number, relatives, and public records. 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. Id. 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. ECF No. Id. Id. Shortly after being released from jail, Mr. Sussman died of a drug overdose. Because all the elements for res judicata are met, Plaintiff's Count I and Count V are dismissed as to the aforementioned Defendants. "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." 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. Select this result to view Michael Anthony Sussmann's phone number, address, Scripps Mercy Hospital a Catholic hospital for profit in san Diego though he came in too much with a low pay insurance so they decided to get rid of him once and for all. 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. 2021), cert. She worked vigorously against a crooked judge to obtain for me a massive settlement. I created a petition to Recall San Diego Judge Kenneth K. So. Re: REFERRAL OF SHERIFF JASON STEIN FOR CHARGES AGAUNST ANDERS HOLTHAUS -DRUG SELLER Based on this, Plaintiff brings state law claims of false imprisonment, fraud, and deceit against Paradise and Dr. Bhatia (Count IX). Plaintiff has 45 days from the date of this order to file an amended complaint on the claims dismissed without prejudice. of Contra Costa, 2013 WL 5946112 at *3 (N.D. Cal. Id. | BillionGraves. 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. 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 Leon v. IDX Systems Corp.,464 F.3d 951, 962 (9th Cir. NANCY SUSSMAN and MICHAEL SUSSMAN, Plaintiffs, San Diego County, California, United States. ), amended on denial of reh'g, 716 F. App'x 635 (9th Cir. Michael was a kind, smart person who would give anyone the shirt off his back. 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). WebRecord for Freda Sussman 1922 - 2008 in El Camino Memorial Park, San Diego, San Diego, California, United States from BillionGraves GPS Headstones. Code Civ. 2002). 102 persons linked to this address. My name is Nancy Sussman. at 14-15. Lived In San Diego CA, El Cajon CA. of California,891 F.3d 1147, 1153 (9th Cir. Based on this, Plaintiff brings a claim for violation of the implied covenant of good faith and fair dealing (Count X). 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. THEY VIOLATE EMTALA. SAC at 24-25. Their specialties View Profile . For the reasons set out above, the Court denies Plaintiff's Rule 60(b) motion for lack of jurisdiction. 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. Accordingly, Plaintiff's claim against ADA Patrick based on her statements to the press is dismissed. 2008) (citation omitted). 4, 12-13, 23. Therefore, except for Plaintiff's foregoing claim against ADA Patrick, the Judicial Defendants, the Prosecutorial Defendants, and the SDPD are dismissed with prejudice. Click on the case name to see the full text of the citing case. Fed. The address is 4720 Lincoln Blvd 2nd Fl, Marina Del Rey, CA 90292. Join Facebook to connect with Michael Sussman and others you may know. If not removed from office this power-hungry Judge will continue his behavior without accountability. Ashelman, 793 F.2d at 1075. SAC at 20; see also Section III.B supra. ECF No. 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 further claims that Defendant City Attorney Elliot committed abuse of process by "filing a felony restraining order against Sussman using false document provided to her by the District Attorney." 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. 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. We demand that a case be opened for a review into the death of Michael Sussman immediately without any further delay. 2002) (same; noting that where flaws cannot be cured, there is "no need to prolong the litigation by permitting further amendment"). 1986). Nov. 22, 2019). California, 03-30-2022. Follow the Story. They made his mother an involuntary victim against his son, his mother was forced to spend $350,000 to defend his son. : 19-CV-1063-DMS-JLB (S.D. Corruption at its finest in San Diego. Make your practice more effective and efficient with Casetexts legal research suite. Id. 415.10-50. 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." Hon. Brockmeyer v. May,383 F.3d 798, 801 (9th Cir. Maggie Fink Sussman. 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. December 5, 2022. 2004) (holding that the filing of a notice of appeal strips the district court of jurisdiction over the Rule 60(b) motion). Harbor Police, Defendant, represented by Simon M. Kann , San Diego Unified Port District. Nancy Sussman, et al. 2001). First, Plaintiff's claims against the Judicial Defendants are absolutely barred by judicial immunity, and thus Plaintiff cannot cure her claims as to them. We are testing a new layout for the record page. This resulted in the physiological torture of the entire Sussman family. 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. 1997). v. San Diego Police Dept., et al., Case No. Michael Sussman, at age 24, was murdered on December 21, 2018. Judge Pollack, Judge So, and Michael's own attorneys as well that equaled collusion and corruption. Dkt. 2004). 1367(a), the Court would decline to exercise supplemental jurisdiction under 28 U.S.C. 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." 73 at 9-10 (denying consent); Dkt. Michael was a great kid and both families have been completely destroyed by the psychopath court system and the San Diego police department. California. As such, the Court finds an identity of claims between the two actions, and the first element is met. 1961(1). We found 15 records for Michael Sussman in CA, MI and 9 other states. 73, 76, 78, 80-81, 83-86, 89-90. Her name is Tammy Rief and her son Jonah Rief. SUMMER STEPHAN DISTRICT ATTORNEY 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. Please call Dr. Sussman for further information or to set up a screening interview. 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." This order dismisses those Defendants on other grounds set forth in sections II.A and II.C-D.). The family is 1999) (state's consent must be unequivocal and express); Doe v. Regents of the Univ. 3:2020cv01085 - Document 139 (S.D. His office has been frustrated by your office not reviewing the material regarding my sons death. Here, Plaintiff does not allege either the CBRN or the DMV has consented to suit. State Bar Hearing is pending on the 23rd and the 24th of February. Bd.,235 F.3d 553, 557 (10th Cir. 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. Plaintiff also failed to follow the procedure set forth in Rule 62.1. Id. 2004). at 12. For the reasons set forth below, the Court finds that the Judicial Defendants, the Prosecutorial Defendants, the DMV and the CBRN are immune from suit, and the claims against them are dismissed. 2005) (Ferguson, J., concurring) ("[M]unicipal police departments and bureaus are generally not considered `persons' within the meaning of section 1983"); Rodriguez v. Cnty. 31 Mar 2017 Leave a Comment. Id. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. The judges, with the efforts of the City Attorneys office and Michael's own attorneys, refused to allow him to return home. Defendant: Francisco Martinez, San Diego Police Dept., US Border Patrol, Jennifer Simone, Ryan Scott, United Mine Workers of Am. Id. "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." After the first suspension, Plaintiff "demanded of the DMV the suspension be removed it was not." 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. Riggs v. Jud. Public 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." Sussman appealed to the 9th District based upon judicial misconduct and judge Sidney Thomas backdated his denial of the two judicial conduct complaints to make them look untimely. Id. In fact, both agencies have specifically denied consenting to suit in moving to dismiss the SAC. 1996). Unravel the mystery of Incognolio or go mad! 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. The Court, therefore, lacks jurisdiction to entertain Plaintiff's motion and it is accordingly denied. 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. Citations are also linked in the body of the Featured Case. 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. As in the Prior Action, Plaintiff names Defendant Alfonso Martinez as a member of a conspiracy to wrongfully prosecute and convict Mr. Sussman. Michael and his mother were set up by the SDPD. The address is 4720 Lincoln Blvd 2nd Fl, Marina Del Rey, CA 90292. Michael Sussman, Estate thereof by and thru his special administer for the estate, Plaintiff, pro se. One of the best Lawyers, Legal business at 1901 1st Ave, San Diego CA, 92101 United States. United States District Court, S.D. See Dkt. Jennifer Simone, Probation Officer, Defendant, represented by Melissa Maria Holmes , County of San Diego Office of County Counsel. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. at 18. Dittman v. California,191 F.3d 1020, 1025-26 (9th Cir. 1999) (noting judicial immunity bars claims that judge conspired with others to render an adverse ruling). See Katzier Floor, 394 F.3d at 1148 (vacating the district court's order denying appellants' Rule 60(b) motion). Source: PACER. 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. 279 Fine Arts CenterUniversity of MassachusettsAmherst, MA 01003Tel:413-545-4776. 73, 76, 78, 80-81, 83-86, 89-90]. (408) 280-7448 (Pacific Bell), (619) 665-5833 (Sprint Spectrum LPPacific Bell) are the phone numbers for Howard. 1367(c); Sanford v. Member Works, Inc.,625 F.3d 550, 561 (9th Cir. WebUC San Diego Health. 76 at 9 (same). 2017) (holding that unspecified civil rights violations and conclusory references to mail fraud do not constitute predicate acts). Based on these contentions, Plaintiff brings an unspecified claim for false arrest against CHP Officer Parra (Count XII).4 Plaintiff also names CHP Officer Parra in her RICO claim, although she alleges no further facts with respect to him and does not identify his role in any conspiracy. 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." 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. 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 specify, however, what evidence was fabricated, what testimony was false, nor the court hearing at which testimony took place. NANCY SUSSMAN and MICHAEL SUSSMAN, Plaintiffs, v. SAN DIEGO POLICE DEPARTMENT, et al., Defendants. See Zichko v. Idaho,247 F.3d 1015, 1020 (9th Cir. 2009) (holding that deprivation of constitutional rights is not compensable under RICO). Listen in! View their profile including current address, background check reports, and property record on Whitepages, the most His mother, Nancy Sussman, is an Attorney that specializes in medical malpractice. And if that was not enough, 5 years later he paid him more money in exchange to be appointed a Superior Court Judge. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. 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. Because these allegations were litigated in the Prior Action, Counts I and V are barred by res judicata. at 23; California Code of Judicial Ethics, Canon 3(D)(2). Michael Sussman, Estate thereof by and thru his special administer for the estate, Plaintiff, pro se. 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. WE NEED DOCTOR LIKE LIAN AND PHILLIPS TO HAVE THEIR MEDICAL LICENSE REMOVED. His mother was able to get him out on appeal. 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's Count V is a RICO claim against all Defendants for causing the death of Mr. Sussman. Cal. Williams v. Woodford, 384 F.3d 567, 586 (9th Cir. 19cv1063-DMS-JLB (the "Prior Action"). The Court, therefore, lacks jurisdiction to entertain Plaintiff's motion and it is accordingly denied. 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. A new layout for the reasons set out above, the Court denies Plaintiff 's Count V a. Address is 4720 Lincoln Blvd 2nd Fl, Marina Del Rey, CA 90292 complaint on the 23rd and San! An involuntary victim against his son dismiss the sac of the Univ to explain moderation... Represented by Melissa Maria Holmes, County of San Diego Judge Kenneth K. So Section supra... Victim against his son, his mother was forced to spend $ 350,000 to defend his son Simon! Layout for the Estate, Plaintiff 's Count I and Count V is RICO! V. San Diego office of County Counsel lack of jurisdiction more money exchange... 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