State Bar Hearing is pending on the 23rd and the 24th of February. For the reasons stated below, the Court grants Defendants' motions to dismiss. Prior Action Dkt. Judge Kenneth So, Defendant, represented by Matthew L. Green , Best Best and Krieger LLP. "A federal court is without personal jurisdiction over a defendant unless the defendant has been served in accordance with Fed. Based on the foregoing, Plaintiff alleges violations of unspecified rights under 1983 and RICO against the Prosecutorial Defendants (Counts I and V); conspiracy to obstruct justice and interference with a federal lawsuit against DA Stephan and ADA Patrick (Count VII-VIII); abuse of process against DA Stephan, ADA Patrick, and City Attorney Elliot (Count II); and defamation and interference with prospective economic advantage against former Deputy City Attorney Scott (Counts XIII-XIV). The coroner's office has I fear identified the body externally by the wrong description and refuse to provide identifying pictures. Williams v. Woodford, 384 F.3d 567, 586 (9th Cir. R. Civ. 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. 2006); see also Beard v. Sheet Metal Workers Union, Local 150,908 F.2d 474, 477 n.3 (9th Cir. Young Investigator. They put him in 3 different rehab facilities, after the completion of the court-ordered drug rehab they recommended that he return home. Mr. Sussman has recorded for 16 different labels, extensively with the Orpheus Chamber Orchestra on Deutsche Grammophon, and most recently on the Koch, Gasparo, and Naxos labels. Here, Plaintiff does not allege either the CBRN or the DMV has consented to suit. See Zichko v. Idaho,247 F.3d 1015, 1020 (9th Cir. WebAdam Sussmanwas born on 02/23/1972 and is 50 years old. He resides in Amherst, Massachusetts with his wife, Lynn. According to Plaintiff, the CBRN wrongfully inactivated her nursing license even though Plaintiff had satisfied the applicable licensing requirements, and the CBRN failed to inform her of same. Ins. 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." His main focus is on using translational approaches to understand disease pathology. Dana M. Sabraw United States District Judge. v. San Diego Police Dept., et al., Case No. Id. Therefore, these acts cannot form a basis for liability. 2022) Court Description: ORDER Granting Defendant's Motions To Dismiss [Dkts. Judges are "immune from damage actions for judicial acts taken within the jurisdiction of their courts." For the reasons set out above, the Court grants Defendants' motions to dismiss [Dkts. A paper trail right to the Federal Bench. Unrelated to the criminal prosecution of her son, Plaintiff claims Judge Pollack presided over a civil harassment matter during which he wrongfully issued a "forged" restraining order against Plaintiff and in favor of Plaintiff's neighbors. 2008) (citation omitted). 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. Here, while it is unclear whether Plaintiff is seeking relief under 1983 or state tort law, under either, Plaintiff does not plead sufficient facts with the requisite plausibility to survive a motion to dismiss. 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. NANCY SUSSMAN and MICHAEL SUSSMAN, Plaintiffs, v. SAN DIEGO POLICE DEPARTMENT, et al., Defendants. Join Facebook to connect with Michael Sussman and others you may know. The Defendants described below have moved to dismiss the claims against them. 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. 102 persons linked to this address. Support Nancy Sussman in her endeavor to expose the truth. Early Career Investigator . If not removed from office this power-hungry Judge will continue his behavior without accountability. 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." Id. State judges are further insulated from suit by the Eleventh Amendment. 1961(4). 2000)). Lived in Corona CA | Mission Viejo CA Related to Michael Sussman | Aaron Sussman | Beth Weinstein | Dana Weinstein | Danielle Sussman. Five days later, Plaintiff moved for relief from judgment under Rule 60(b), arguing the Court's order is "based upon fraud or mistake." Moreover, Congress has not specifically allowed suits against states or their agencies under 1983. San Diego, CA 92101. Eclectic Properties E., LLC v. Marcus & Millichap Co.,751 F.3d 990, 997 (9th Cir. See 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. Thus, the third element of res judicata is clearly met as to Counts I and V against these Defendants. at 23; California Code of Judicial Ethics, Canon 3(D)(2). A more recent docket listing Code Civ. Gould v. Mutual Life Ins. Plaintiff's Prior Action seeking redress for the death of her son was dismissed with prejudice and affirmed on appeal, satisfying the second element. Based on the above, Plaintiff brings the following claims against Defendants Alfonso and Esperanza Martinez and Joel and Mary Johnson: RICO (Count V); an unspecified claim that the Court construes as defamation (Count XIII); and interference with prospective economic advantages (Count XIV). 42 U.S.C. A prosecutor is immune even when the prosecutor's malicious or dishonest action deprived defendant of his or her liberty. 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. WebHenry was born on October 24, 1917 and passed away on Friday, April 3, 2009.. Henry was a resident of San Diego, California. Their names are Carolyn Enders, Joshua Olsen, and 100 others. 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 Id. Dkt. Bd.,235 F.3d 553, 557 (10th Cir. Buried Here. 1367(c); Sanford v. Member Works, Inc.,625 F.3d 550, 561 (9th Cir. First, Plaintiff may not sue the SDPD under 1983 absent allegations of a policy or custom because the SDPD is a municipality, not a "person" as required by the statute. Buried Here. Plaintiff does not specify the dates or circumstances of her confinement but appears to suggest that she was wrongfully confined to the psychiatric unit without her consent. See Dkts. 1999) (state's consent must be unequivocal and express); Doe v. Regents of the Univ. of Contra Costa, 2013 WL 5946112 at *3 (N.D. Cal. This docket was last retrieved on November 22, 2019. Fed. at 15-16. Research Excellence Prize. ECF No. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. A pro se plaintiff's complaint must be construed liberally to determine whether a claim has been stated. His office has been frustrated by your office not reviewing the material regarding my sons death. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. Cal. 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. Council, Inc. v. Tahoe Reg'l Planning Agency,322 F.3d 1064, 1077 (9th Cir. As to City Attorney Elliot, she allegedly filed a felony restraining order against Plaintiff. 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, D'Oyly 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. 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. 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." 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. The State Bar Court found Nancy guilty of engaging in the following misconduct. The case involved his wife Summer Stephans and was against their friend and endorsers. MD is a health care provider primarily located in Oakland, CA, with another office in SAN DIEGO, CA. Id. 1983cv Civil Rights Act - Civil Action for Deprivation of Rights Criminal etc, in essence defaming Sussman." Id. View their profile including current address, background check reports, and property record on Whitepages, the most 1367(c). "Racketeering activity" is any act indictable under the several provisions of Title 18 of the United States Code. 1986). 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. Dittman v. California,191 F.3d 1020, 1025-26 (9th Cir. It will be sent to The California State House, The California State Senate, and 3 others. al., Defendants. 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. In the instant action, the second of two lawsuits she has filed in Public 1367(a), the Court would decline to exercise supplemental jurisdiction under 28 U.S.C. 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). The following is the entirety of Plaintiff's RICO allegations: As seen above, Plaintiff does not properly allege the existence of an enterprise or predicate acts and does not identify cognizable relief. Leon v. IDX Systems Corp.,464 F.3d 951, 962 (9th Cir. Research Excellence Prize. 279 Fine Arts CenterUniversity of MassachusettsAmherst, MA 01003Tel:413-545-4776. 1994 - 2018. Each of these acts involves Defendants DA Stephan, ADA Patrick, Elliot, and Scott initiating prosecutions and presenting the state's case in court. Check reviews, hours, insurance options, & book your appointment today. 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. 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. at 14-15. P. 4(e) and a file a separate proof of service as to each Defendant to demonstrate compliance. Dittman, 91 F.3d at 1025-26. 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. 1996). 1997). | BillionGraves. at 30-36. 18 U.S.C. 4." "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." denied,142 S.Ct. at 14-15, 18-19. One of the best Lawyers, Legal business at 1901 1st Ave, San Diego CA, 92101 United States. 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. Accordingly, Plaintiff's Counts XI and XIII against the CBRN and the DMV are dismissed. WARNING: SCRIPPS MERCY HOSPITAL MISTREATS PSYCHIATRIC PATIENTS WHO ARE ELDERLY WITH POOR PAYING INSURANCE. Id. R. Civ. United Mine Workers of Am. Plaintiff also brings claims based on a series of apparently unrelated grievances, including allegedly unlawful arrests, confinement to a psychiatric unit, and revocation of her driver's license and nursing license. Listed below are the cases that are cited in this Featured Case. See Prior Action Dkt. Id. SAN DIEGO POLICE DEPARTMENT, et. 2008). 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. See Prior Action Dkts. Five days later, Plaintiff moved for relief from judgment under Rule 60(b), arguing the Court's order is "based upon fraud or mistake." THEY VIOLATE EMTALA. Check out the latest pictures, photos and images of Michael Sussman from 2018. The admitted year is 1986-12-11. Utilities Comm'n,67 F.3d 1470, 1477 (9th Cir. Jan. 12, 2021) (collecting cases). Use the links below to access additional information about this case on the US Court's PACER system. She really beats up on the bad insurance companies. 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. The Court agrees with Defendants that Plaintiff "did not properly serve the individually named Defendants under California law or Federal law." Id. 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. v. Gibbs,383 U.S. 715, 725 (1966). Dkts. Accordingly, Counts I and V are dismissed with prejudice. at 31-32. 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. Diaz v. Gates,420 F.3d 897, 899-900 (9th Cir. 118 at 1. Dr Thomas Lian M.D. 2004). Iqbal, 556 U.S. at 678 (citing Twombly, 550 U.S. at 556). Michael was a kind, smart person who would give anyone the shirt off his back. She and her husband together create a conflict of interest, Judge Dana Sabraw has a paper trail to the federal bench. Shortly after being released from jail, Mr. Sussman died of a drug overdose. 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. Their specialties View Profile . A dismissal with prejudice constitutes a "final judgment on the merits" for res judicata purposes. Access this case on the California Southern District Court's Electronic Court Filings (ECF) System. 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. 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." Accordingly, the Court examines whether the Judicial Defendants performed the acts stated in the SAC in their judicial capacity to determine whether Plaintiffs claims are barred by judicial and Eleventh Amendment immunity. 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. Cal. 2010) (citation omitted). Plaintiff also brings an abuse of process claim against Defendant Alfonso Martinez (Count II). WebMichael's Law. Thus, the Court does not have personal jurisdiction over the SDPD Officers, and the claims against them are dismissed. WebRecord for Maggie Fink Sussman 1955 - 1993 in El Camino Memorial Park, San Diego, San Diego, California, United States from BillionGraves GPS Headstones. Criminal etc, in essence defaming Sussman," which caused Plaintiff to lose her nursing license. Jennifer Simone, Probation Officer, Defendant, represented by Melissa Maria Holmes , County of San Diego Office of County Counsel. In fact, both agencies have specifically denied consenting to suit in moving to dismiss the SAC. Your office has no jurisdiction to decline this case without review of the materials Sheriff Stein wanted to give your office and then meet the witness and interview the Sheriff which was not done. WebMr. See Dkt. In the instant action, the second of two lawsuits she has filed in the Southern District of California, Plaintiff brings fourteen claims based in part on a conspiracy between Judges, attorneys, government organizations, and private parties to harm her and her son and violate their civil rights during the prosecution and conviction of Mr. Sussman. 2004) (holding that the filing of a notice of appeal strips the district court of jurisdiction over the Rule 60(b) motion). 2004). Yagman v. Garcetti,852 F.3d 859, 867 (9th Cir. 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