v. Cohill,484 U.S. 343, 350 n.7 (1988), superseded on other grounds by statute as recognized in Fent v. Okla. Water Res. For one, Plaintiff does not plead the existence of an enterprise, the nature of the alleged enterprise, or Defendants' purported roles in the enterprise. Incognolio will be released by Janx : 19-CV-1063-DMS-JLB (S.D. The Court, therefore, lacks jurisdiction to entertain Plaintiff's motion and it is accordingly denied. Public Research Excellence Prize. 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. 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. (quoting Cleavinger v. Saxner,474 U.S. 193, 199 (1985)); Butler v. Gammick,173 F.3d 859 (9th Cir. It is well settled that the "filing of a notice of appeal divests the district court of jurisdiction." Check reviews, hours, insurance options, & book your appointment today. https://www.sandiegouniontribune.com/news/courts/story/2021-08-30/city-attorney-accuses-scripps-health-of-illegally-discharging-gravely-disabled-mentally-ill-patient, https://www.kusi.com/families-of-murdered-girls-sound-off-on-san-diego-countys-district-attorneys-race/ AND https://sandiegofreepress.org/2018/10/district-attorney-summer-stephan-must-apologize-to-san-diegos-jewish-community/#.YYr3a2DMKM8 AND http://www.recalldastephan.com/. 19cv1063 DMS (JLB) (the "Prior Action"). Includes Address(5) Phone(2) Email(1) See Results. 1986). 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." Dana M. Sabraw United States District Judge. 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." 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. Accordingly, Plaintiff's claim against ADA Patrick based on her statements to the press is dismissed. 900 (2022). Co.,80 F.3d 336, 338 (9th Cir. SAC at 25. Finally, as was the case in the Prior Action, deprivation of constitutional rights and false imprisonment are not cognizable injuries under RICO. WE NEED BRITNEY TO SPEAK OUT AGAINST CORRUPT GOVERNMENTAL CONSERVATORSHIP. Plaintiff: Nancy Sussman and Michael Sussman. "Once service is challenged, plaintiff[] bear[s] the burden of establishing that service was valid under Rule 4." 118 at 1. 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. at 24-25. Code Civ. See Dkts. of Registered Nursing, 2019 WL 1082445, at *2 (S.D. WebAdam Sussmanwas born on 02/23/1972 and is 50 years old. All of the corrupt officials, Gregory Pollack & Jill Lindberg will testify, Kamala Harris will be mentioned. While Rule 8 does not require detailed factual allegations, at a minimum, a complaint must allege enough facts to provide "fair notice" of both the particular claims being asserted and "the grounds upon which [those claims] rest[]." WebView Michael Sussman results in California (CA) including current phone number, address, relatives, background check report, and property record with Whitepages. Re: REFERRAL OF SHERIFF JASON STEIN FOR CHARGES AGAUNST ANDERS HOLTHAUS -DRUG SELLER, WARNING: SCRIPPS MERCY HOSPITAL MISTREATS PSYCHIATRIC PATIENTS WHO ARE ELDERLY WITH POOR PAYING INSURANCE. San Diego is happy with the corruption in the judicial system. 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." United States District Court, S.D. Fed. NANCY SUSSMAN and MICHAEL SUSSMAN, Plaintiffs, The Court, therefore, lacks jurisdiction to entertain Plaintiff's motion and it is accordingly denied. These are some of the names: World Automotive Financial Services,inc and Lavi International Corporation,. 1986). Previously cities included San Diego CA and Los Angeles CA. None of the exceptions to Eleventh Amendment immunity saves Plaintiff's claims against the CBRN and the DMV; the claims therefore must be dismissed. A dismissal with prejudice constitutes a "final judgment on the merits" for res judicata purposes. 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. Attorney Nancy Sussman of San Diego; ethical gremlin. Vehicle Code 1500. On November 14, 2019, Plaintiff, proceeding pro se, filed a timely Notice of Appeal of the Court's order granting Defendants' motion to dismiss. 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. Accordingly, Plaintiff's Counts XI and XIII against the CBRN and the DMV are dismissed. Id. 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. Rule 12(b)(6) is read in conjunction with Rule 8(a), which requires only "a short and plain statement of the claim showing that the pleader is entitled to relief." SAN DIEGO POLICE DEPARTMENT, et al., Defendants. Alfonso Martinez, Defendant, represented by Gregory P. Konoske , Konoske Akiyama & Brust LLP. Maggie Fink Sussman. NANCY SUSSMAN and MICHAEL SUSSMAN, Plaintiffs, v. SAN DIEGO POLICE DEPARTMENT, et al., Defendants. United States District Court, S.D. In the instant action, the second of two lawsuits she has filed in 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." Call for connection for LA CalBar Court. For these reasons, Plaintiff's RICO claim is dismissed. 9. Co., 790 F.2d 769, 772 (9th Cir. Their specialties View Profile . Criminal etc, in essence defaming Sussman." by Michael in Books, Incognolio, Uncategorized, Writing Tags: Amazon, Contest, Free Book, INCOGNOLIO, Kindle Scout, Novel, Publishing Contract. 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 Each of these acts involves Defendants DA Stephan, ADA Patrick, Elliot, and Scott initiating prosecutions and presenting the state's case in court. | BillionGraves. 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. Plaintiff also brings an abuse of process claim against Defendant Alfonso Martinez (Count II). Even where supplemental jurisdiction exists, the Court may decline to exercise supplemental jurisdiction if "(1) the claim raises a novel or complex issue of state law; (2) the claim substantially predominates over the claim or claims over which the district court has original jurisdiction; (3) the district court has dismissed all claims over which it has original jurisdiction; or (4) in exceptional circumstances, there are other compelling reasons for declining jurisdiction." Plaintiff also brings claims against the SDPD Defendants based on three arrests unrelated to Mr. Sussman's prosecution. Plaintiff alleges that Allstate promised to do an independent investigation into the accident but ultimately failed to do so. 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. Plaintiff's Counts I and V appear to allege that Defendants conspired to and did in fact harm Plaintiff and Mr. Sussman by prosecuting and convicting Mr. Sussman, and ultimately causing his death. 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." Bus. Corruption at its finest in San Diego. 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. 2005) (affirming dismissal with prejudice on res judicata grounds); Strand v. Gov't of U.S.,846 F.2d 1383, at *2 (9th Cir. Thus, the Court does not have personal jurisdiction over the SDPD Officers, and the claims against them are dismissed. Accordingly, Counts I and V are dismissed with prejudice. 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. After the dismissal of her Prior Action, Plaintiff filed the instant action on June 15, 2020. "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." "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." Nancy Sussman, et al. 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." Cal. Plaintiff's remaining state law claims are dismissed for lack of supplemental jurisdiction. WebMichael Sussman pictures from 2018. Id. Do you want corruption? Here, Plaintiff filed a notice of appeal before she moved for relief from judgment pursuant to Rule 60(b). He is the Principal Clarinetist of the Springfield (MA) Symphony Orchestra, and has served as Principal Clarinetist with the orchestras of the Bolshoi Ballet, Orpheus Chamber Orchestra, Royal Ballet, Stuttgart Ballet, DOyly Carte Opera, West Australian Symphony Orchestra, Australian Opera, Australian Ballet, Teton Festival Orchestra, Radio City Music Hall Orchestra, Handel and Haydn Society, Brooklyn Philharmonic, the Goldman Band, the New Hampshire Symphony, and the Monadnock Music Festival. Id. Cal. 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. Cahill v. Liberty Mut. They may think they have won the battle, but we are here to fight the war. He is a current member of the Avanti Wind Quintet. 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. WebFind the Best Psychologists in San Francisco. ADA Patrick likewise allegedly initiated criminal proceedings for an improper purpose, and misrepresented facts to the court. WebFind company research, competitor information, contact details & financial data for Sussman & Katz, Inc. of San Diego, CA. In fact, both agencies have specifically denied consenting to suit in moving to dismiss the SAC. Address: 3311 Juniper St San Diego, CA, 92104-5627 United States Dittman v. California,191 F.3d 1020, 1025-26 (9th Cir. The admitted year is 1986-12-11. 2000)). A more recent docket listing When they were timely. 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. His mother was able to get him out on appeal. John D Kirby, Defendant, represented by Ashley Walker Nagashima , Walsh McKean Furcolo, LLP. For the reasons set out above, the Court denies Plaintiff's Rule 60(b) motion for lack of jurisdiction. 1983; United States v. Kama,394 F.3d 1236, 1239-40 (9th Cir. denied,142 S.Ct. 118 at 1. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. 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. Lund v. Cowan,5 F.4th 964, 969 (9th Cir. 1367(a). San Diego County, California, United States. Moreover, Congress has not specifically allowed suits against states or their agencies under 1983. Dkt. 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." --------. Even if the Court were to find that supplemental jurisdiction over the remaining state law claims once existed under 28 U.S.C. Psychology (0) Oakland, CA . Dated: November 22, 2019, Case No. SAC at 11-13, 17-18. 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. 2004). Ashelman, 793 F.2d at 1075-76 (citation and internal quotation marks omitted). Id. Cause: 42 U.S.C. at 12-16. Tahoe-Sierra, 322 F.3d at 1078 (citation omitted). ORDER GRANTING DEFENDANTS' MOTIONS TO DISMISS JINSOOK OHTA, 2018) (finding insufficient service where plaintiff did not argue prior attempts were made and there was no evidence in the record of same); Avalos v. MMDEOL Inc., 2021 WL 540380, at *4 (E.D. 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. Newcal Indus., Inc. v. Ikon Office Solution,513 F.3d 1038, 1055 (9th Cir. al., Defendants. 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." For the reasons stated below, Plaintiff's claims against the SDPD Defendants are dismissed. Sussman et al v. San Diego Police Dept. & Prof. Code 2701; Cal. WebMr. A "pattern of racketeering activity" requires at least two predicate acts. v. San Diego Police Dept., et al., Case No. Defendant: Francisco Martinez, San Diego Police Dept., US Border Patrol, Jennifer Simone, Ryan Scott, Plaintiff, who used to be an attorney, also appears to contend that Judge Pollack retaliated against her when he reported her conduct to the State Bar of California. 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. As a chamber musician, his credits include Speculum Musicae, Ethos, the Philharmonia Quintet, the Casals Festival, Walden Chamber Players, New York Chamber Soloists, Monadnock Music Festival, Fine Arts Chamber Ensemble, Music in Avila in Curacao, Mohawk Trail Concerts, and solo appearances with major string quartets including the New Zealand, the Australian, the Lark, the St. Petersburg, the Lydian, and the Ciompi String Quartets. Plaintiff does not specify, however, what evidence was fabricated, what testimony was false, nor the court hearing at which testimony took place. Based on the above, Plaintiff brings the following claims against the SDPD Defendants: (1) violations of unspecified rights under 1983 (Count I); (2) abuse of process (Count II); (3) unlawful search and seizure, excessive force, and unlawful arrest under 1983 (Counts III-IV); and (4) RICO (Count V). SAC at 12. Id. Use tab to navigate through the menu items. 4." On November 4, 2019, the District Court dismissed Plaintiff's Second Amended Complaint with prejudice. 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. 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 It's Time to Take Action and Fight Back Against San Diegos Corrupt Judicial System, which caused the covert murder of Michael Sussman. Id. Hon. WebFind the Best Psychologists in San Francisco. Chaset v. Fleer/Skybox Int'l, LP,300 F.3d 1083, 1088 (9th Cir. at 23. 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. Cal. WebThe residential address for Gary is 5230 Fiore Terr, San Diego, CA 92122. 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. 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"). Based on this, Plaintiff brings state law claims of false imprisonment, fraud, and deceit against Paradise and Dr. Bhatia (Count IX). 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. SUMMER STEPHAN DISTRICT ATTORNEY Katzir Floor & Home Designs, Inc. v. M-MLS.com, 394 F.3d 1143, 1148 (9th Cir. 1999) (state's consent must be unequivocal and express); Doe v. Regents of the Univ. Pro se complaints are "held to less stringent standards than formal pleadings drafted by lawyers." at 18. Hebbe v. Pliler,627 F.3d 338, 342 (9th Cir. SAC at 20; see also Section III.B supra. Id. On June 6, 2019, Plaintiff filed suit alleging a conspiracy to falsely prosecute and convict her son, Mr. Sussman. 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. Second, Plaintiff's claims against various SDPD Officers fail for insufficient service of process. Michael Sussman, at age 24, was murdered on December 21, 2018. Utilities Comm'n,67 F.3d 1470, 1477 (9th Cir. 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). Best Match Powered by Whitepages Premium AGE 60s Betty Ann Sussman San Diego, CA (Northeastern San Diego) Aliases Betty Glantz View Full Report Addresses His office has been frustrated by your office not reviewing the material regarding my sons death. She is known for being a courtroom whistleblower and who will take corrupt officials tries to hold them accountable. Michael was subjected to a make-believe trial from a psychopath Judge named Kenneth So. Lived in Corona CA | Mission Viejo CA Related to Michael Sussman | Aaron Sussman | Beth Weinstein | Dana Weinstein | Danielle Sussman. 1999); Sabatini v. California Bd. Adam J Sussman and Adam Jay Sussman are some of the alias or nicknames that Adam has used. Very caring person. 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. v. WebView the profiles of people named Michael Sussman. Id. 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. The coroner's office has I fear identified the body externally by the wrong description and refuse to provide identifying pictures. Professor, Department of Music and Dance. Id. Judge Pollack, Judge So, and Michael's own attorneys as well that equaled collusion and corruption. First, Plaintiff's claims against the Judicial Defendants are absolutely barred by judicial immunity, and thus Plaintiff cannot cure her claims as to them. Id. California.https://leagle.com/images/logo.png. clarinet 2004) (holding that the filing of a notice of appeal strips the district court of jurisdiction over the Rule 60(b) motion). 415.10-50. 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. San Diego, CA 92101. (In the instant action, Plaintiff names additional Defendants to these conspiracy counts. Williams v. Woodford, 384 F.3d 567, 586 (9th Cir. Michael was a great kid and both families have been completely destroyed by the psychopath court system and the San Diego police department. 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. Id. 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. 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." 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. NANCY SUSSMAN AGE 70 NEVER COMMITTED A CRIME IN HER LIFE AND THE D.A. Lab'y,131 F.3d 836, 839 (9th Cir. I have not worked since. v. San Diego Police Dept., et al., Case No. California state law specifies that a summons can be served by personal delivery, substitute service following reasonable diligence, service by mail with notice and acknowledgement of receipt, or by publication. According to Plaintiff, ADA Patrick participated in these events, although her role is not specified. at 18-19. 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. 2001). Related To Michael Sussman, Nancy Sussman, Freda Sussman, Lucia Sussman. 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.") Plaintiff also failed to follow the procedure set forth in Rule 62.1. 1995) (noting that the CTCA requires "timely presentation of a written claim and [] rejection" and a "plaintiff must allege compliance or circumstances excusing compliance"). 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. Deputy Editors Professor Charalambos Antoniades, MD PhD FESC 279 Fine Arts CenterUniversity of MassachusettsAmherst, MA 01003Tel:413-545-4776. at 14-15, 18-19. at 23; California Code of Judicial Ethics, Canon 3(D)(2). This procedure is set forth in Federal Rule of Civil Procedure 62.1, which provides: Here, Plaintiff filed a notice of appeal before she moved for relief from judgment pursuant to Rule 60(b). 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. Jan. 12, 2021) (collecting cases). 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. Web5 customer reviews of Hayworth and Sussman Attorney at Law. Queen Mary University of London. al., defendants. a narcissistic psychiatrist went slong with the plan and misused mental health legislation law and help by sociopath Seymour Phillips set the rigged conservatorship in to action. Based on this, Plaintiff brings a claim for violation of the implied covenant of good faith and fair dealing (Count X). 42 U.S.C. Sussman's are being ostracized.

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