Co.,790 F.2d 769, 772 (9th Cir. Id. Id. Address: 3311 Juniper St San Diego, CA, 92104-5627 United States P. 4(e) and a file a separate proof of service as to each Defendant to demonstrate compliance. To properly serve the Defendants, Plaintiff needed to comply with Fed. Plaintiff does not identify the statements that ADA Patrick made to the press. "A federal court is without personal jurisdiction over a defendant unless the defendant has been served in accordance with Fed. of Contra Costa, 2013 WL 5946112 at *3 (N.D. Cal. He did not qualify as with third-party assistance from his family he functioned well. Bus. 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. Charley Khoury, Defendant, represented by Charles R. Khoury, Jr. , Law Offices of Charles R. Khoury. Newcal Indus., Inc. v. Ikon Office Solution,513 F.3d 1038, 1055 (9th Cir. In deciding whether to exercise supplemental jurisdiction, the court should consider the interests of judicial economy, convenience, fairness, and comity. 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." See Dkt. It's Time to Take Action and Fight Back Against San Diegos Corrupt Judicial System, which caused the covert murder of Michael Sussman. may be available from PACER. WebClick Here For Barbara J Sussman's Current Address 1466 Dartshire Ct, Sunnyvale, CA 94087-3634 608 Vasona Ave, Los Gatos, CA 95032-1512 97 Yesterday Dr, Henderson, NV 89074-5853 12291 Titus Ave, Saratoga, CA 95070-3456 Phone Numbers (408) 857-5071 (408) 569-7027 (408) 735-8759 (408) 216-0238 See Current Phone Number Email See Prior Action Dkt. Id. Dkts. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Id. 2001). 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. 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. v. 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. For the reasons stated below, Plaintiff's claims against the SDPD Defendants are dismissed. Very caring person. His office has been frustrated by your office not reviewing the material regarding my sons death. Therefore, these acts cannot form a basis for liability. Citations are also linked in the body of the Featured Case. For the reasons stated below, the Court grants Defendants' motions to dismiss. Id. SAC at 28-30. 73, 76, 78, 80-81, 83-86, 89-90. 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." Their names are Carolyn Enders, Joshua Olsen, and 100 others. denied,142 S.Ct. Bd.,235 F.3d 553, 557 (10th Cir. 279 Fine Arts CenterUniversity of MassachusettsAmherst, MA 01003Tel:413-545-4776. 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. Cal. 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." Thus, the third element of res judicata is clearly met as to Counts I and V against these Defendants. Make your practice more effective and efficient with Casetexts legal research suite. It is well settled that the "filing of a notice of appeal divests the district court of jurisdiction." 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. Dittman, 91 F.3d at 1025-26. Id. Plaintiff states that Mr. Sussman's prosecution was "was being done for the police dept." 509 U.S. at 277-78. Mar. 1997). 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. WE NEED BRITNEY TO SPEAK OUT AGAINST CORRUPT GOVERNMENTAL CONSERVATORSHIP. Ashelman, 793 F.2d at 1075. This procedure is set forth in Federal Rule of Civil Procedure 62.1, which provides: Where an appellant fails to follow the above procedure, a district court has no jurisdiction to consider the merits of the Rule 60(b) motion. Michael Sussman. 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. SAN DIEGO POLICE DEPARTMENT, et. We are here to tell Michaels story and expose the truth about what is really going on in the San Diego judicial system. 1994 - 2018. This docket was last retrieved on November 22, 2019. SAN DIEGO (KGTV) -- New details about the high speed chase that backed up traffic on Interstate 5 in La Jolla last week. Today, the driver faced a judge. Nancy Sussman is no stranger to the courthouse. Usually, shes representing her clients, but this time shes defending herself against criminal charges that could send her to prison. The company is Workers Compensation Appeals Board. at 25-27. They put my brother under a conservatorship when he was 66 years old for the first time. See Prior Action Dkts. 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. Bell Atlantic Corp. v. Twombly,550 U.S. 544, 555 & n.3 (2007) (citations omitted). Because these allegations were litigated in the Prior Action, Counts I and V are barred by res judicata. Id. Young Investigator. 1988) (affirming dismissal with prejudice on immunity grounds); see also Golden v. Hubbell Inc., 343 F. App'x 226, 227-28 (9th Cir. 2017) (holding that unspecified civil rights violations and conclusory references to mail fraud do not constitute predicate acts). Henry Sussman. 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." 1367(c); Sanford v. Member Works, Inc.,625 F.3d 550, 561 (9th Cir. MD is a health care provider primarily located in Oakland, CA, with another office in SAN DIEGO, CA. All of the corrupt officials, Gregory Pollack & Jill Lindberg will testify, Kamala Harris will be mentioned. Id. 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. Use tab to navigate through the menu items. Code Civ. WE NEED DOCTOR LIKE LIAN AND PHILLIPS TO HAVE THEIR MEDICAL LICENSE REMOVED. WebHenry Sussman may also have lived outside of San Diego, such as El Cajon and La Mesa. at 14-15, 18-19. Brockmeyer v. May,383 F.3d 798, 801 (9th Cir. Mark Sussman. 2018) (holding the Ex Parte Young doctrine allows for prospective injunctive relief against state officials named in their official capacity). 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. Lab'y,131 F.3d 836, 839 (9th Cir. NANCY SUSSMAN, MICHAEL SUSSMAN ESTATE THEREOF BY AND THRU HIS SPECIAL ADMINISTER FOR THE ESTATE, Plaintiff, 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. Join Facebook to connect with Michael Sussman and others you may know. For the reasons set out above, the Court denies Plaintiff's Rule 60(b) motion for lack of jurisdiction. Id. Defendant: Francisco Martinez, San Diego Police Dept., US Border Patrol, Jennifer Simone, Ryan Scott, at 7. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. Here, Plaintiff does not allege either the CBRN or the DMV has consented to suit. United States District Court, S.D. 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). Id. Sussman failed to include any argument in her opening brief regarding the district courts dismissal of her claims, and thus has waived any challenge to that issue. Twombly, 550 U.S. at 570. at 1076 (citation and quotations omitted). 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. 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." Code Civ. 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. ORDER GRANTING DEFENDANTS' MOTIONS TO DISMISS JINSOOK OHTA, Id. California. 2008) (citation omitted). Cause: 42 U.S.C. 1986). 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. | BillionGraves. His research focusses on vascular biology, hypertension, and clinical immunology. Eclectic Properties E., LLC v. Marcus & Millichap Co.,751 F.3d 990, 997 (9th Cir. 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). The admitted year is 1986-12-11. Accordingly, Counts I and V are dismissed with prejudice. at 19. My novel, INCOGNOLIO, was accepted for the Kindle Scout contest and Im If not removed from office this power-hungry Judge will continue his behavior without accountability. Although the specifics of Plaintiff's allegations in both actions are difficult to discern, it is clear that Plaintiff's Prior Action arose out of the trial, conviction, and death of Mr. Sussman. Plaintiff alleges that Allstate promised to do an independent investigation into the accident but ultimately failed to do so. 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. Related To Michael Sussman, Nancy Sussman, Freda Sussman, Lucia Sussman. Use the links below to access additional information about this case on the US Court's PACER system. 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 Judge Sabraw, who presided over the Prior Action, dismissed Plaintiff's second amended complaint with prejudice on 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). Then, in 2020, she contends that the DMV knowingly suspended her license based on false police reports, despite her "excellent driving skills." 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). 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." 2008). Dated: November 22, 2019, Case No. Id. Michael was a kind, smart person who would give anyone the shirt off his back. 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." The 2 cases of a lot of similarities. State bar hearing proceeding on CalBar via Zoom, Bar #108689, The public is invited! at 15-16. Moreover, Congress has not specifically allowed suits against states or their agencies under 1983. 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. Diaz v. Gates,420 F.3d 897, 899-900 (9th Cir. Plaintiff alleges that DA Stephan subjected her and her son to unidentified "fake trials" and concealed the SDPD's and DA's conspiracy of regularly conducting fake trials. Plaintiff does not further clarify the contours of this alleged conspiracy. WebMichael is related to Alfred W Sussmann and Martha Sussmann as well as 3 additional people. Shortly after being released from jail, Mr. Sussman died of a drug overdose. "The factors relevant in determining whether an act is judicial relate to the nature of the act itself, i.e., whether it is a function normally performed by a judge, and to the expectations of the parties, i.e., whether they dealt with the judge in his judicial capacity." Listed below are those cases in which this Featured Case is cited. See Prior Action Dkt. 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. Alfonso Martinez, Defendant, represented by Gregory P. Konoske , Konoske Akiyama & Brust LLP. San Diego, USA. Identity of claims exists "when two suits arise from `the same transactional nucleus of facts.'" Id. 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). Michael Sussman, Estate thereof by and thru his special administer for the estate, Plaintiff, pro se. at 7. Real good attorney. WebFind company research, competitor information, contact details & financial data for Sussman & Katz, Inc. of San Diego, CA. Judge So put Michael in jail with drug sellers and criminals. 1367(c); Mendoza v. Zirkle Fruit Co.,301 F.3d 1163, 1174 (9th Cir. Dkt. In Buckley v. Fitzsimmons, the Supreme Court held that a prosecutor's statements to the press are not protected by prosecutorial immunity because prosecutors do not make press statements as advocates for the state. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. 76 at 9 (same). California.https://leagle.com/images/logo.png. 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. The SDPD Defendants seek dismissal of Plaintiff's claims for violations of civil rights under 1983, abuse of process, and RICO under Counts I-V on the grounds that the SDPD is not a proper Defendant, and the individually named SDPD Officers have not been properly served. Because all the elements for res judicata are met, Plaintiff's Count I and Count V are dismissed as to the aforementioned Defendants. When claims are barred by immunity or by res judicata, amendment is plainly futile. The Court, therefore, lacks jurisdiction to entertain Plaintiff's motion and it is accordingly denied. Nor does Plaintiff identify any predicate acts, let alone a pattern of racketeering activity. Listed below are the cases that are cited in this Featured Case. Plaintiff's Prior Action seeking redress for the death of her son was dismissed with prejudice and affirmed on appeal, satisfying the second element. 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. Michael Sussman, at age 24, was murdered on December 21, 2018. 19cv1063 DMS (JLB) (the "Prior Action"). WebBetty Sussman We found 11 records for Betty Sussman in CA, NY and 6 other states. 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. California, 03-30-2022. Proc. In the instant action, the second of two lawsuits she has filed in Id. Gould v. Mutual Life Ins. According to Plaintiff, ADA Patrick participated in these events, although her role is not specified. Id. We know that Adam's political affiliation is unknown; ethnicity is Caucasian; and religious views are listed as unknown. Cahill v. Liberty Mut. 8, 12-18, 21-22. Plaintiff names four of her neighbors as Defendants: Alfonso and Esperanza Martinez and Joel and Mary Johnson. He was beaten, falsely imprisoned, and harassed for two years before it consumed him. 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"). These are some of the names: World Automotive Financial Services,inc and Lavi International Corporation,. In fact, both agencies have specifically denied consenting to suit in moving to dismiss the SAC. 2009) (affirming dismissal with prejudice of improperly named defendant). 2004) (holding that the filing of a notice of appeal strips the district court of jurisdiction over the Rule 60(b) motion). Henry R Sussman Resides in La Mesa, CA. Plaintiff also failed to follow the procedure set forth in Rule 62.1. at 15. Not by coincidence, my civil rights case was assigned to Summer Stephans husband, Federal Judge Dana Sabraw. Harbor Police, Defendant, represented by Simon M. Kann , San Diego Unified Port District. 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. Plaintiff states that she was in a car accident on August 17, 2019, that resulted from the other driver's negligence. Sedima, S.P.R.L. 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 05 Aug 2017 Leave a Comment. 2004). R. Civ. 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. Nancy Sussman, et al. 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. 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." Check out the latest pictures, photos and images of Michael Sussman from 2018. Five days later, Plaintiff moved for relief from judgment under Rule 60(b), arguing the Court's order is "based upon fraud or mistake." nancy sussman, michael sussman estate thereof by and thru his special administer for the estate, plaintiff, v. san diego police department, et. at 12. Lastly, the SDPD is an improperly named Defendant and Plaintiff's 1983 claims against it cannot be cured by any restatement of the facts. 2004). 1999) (state's consent must be unequivocal and express); Doe v. Regents of the Univ. This was clearly a major conflict of interest, to say the least. San Diego is happy with the corruption in the judicial system. Plaintiff purportedly was only allowed to leave the psychiatric hospital after Dr. Bhatia fraudulently "orchestrated a pretend hearing." WebQuick Facts 2036 Randolph Drv, San Jose, CA 95128-2727 is the current address for Howard. Fed. Vehicle Code 1500. Facebook gives people the power to share and makes the world Chaset v. Fleer/Skybox Int'l, LP,300 F.3d 1083, 1088 (9th Cir. Public 3:2020cv01085 - Document 139 (S.D. His mother was forced to keep him in hotels at her cost for a year. They put him in 3 different rehab facilities, after the completion of the court-ordered drug rehab they recommended that he return home. 31 Mar 2017 Leave a Comment. Katzir Floor & Home Designs, Inc. v. M-MLS.com,394 F.3d 1143, 1148 (9th Cir. We feel this has resulted in the Obstruction of Justice for a victim of A CRIME. Nov. 5, 2013) (noting that outside of the Monell exception, "sub-departments or bureaus of municipalities, such as the police departments, are not generally considered `persons' within the meaning of 1983."). Jun 2022 - Present9 months. 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." "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." Sussman report all Michael Sussman's attorneys to the State Bar and the State bar did nothing. 1999) (noting judicial immunity bars claims that judge conspired with others to render an adverse ruling). A court, however, need not accept all conclusory allegations as true. WebUC San Diego Health. Incognolio will be released by Janx Plaintiff does not specify, however, what evidence was fabricated, what testimony was false, nor the court hearing at which testimony took place. Holden v. Hagopian,978 F.2d 115, 1121 (9th Cir. A pro se plaintiff's complaint must be construed liberally to determine whether a claim has been stated. Michael Sussman, Estate thereof by and thru his special administer for the estate, Plaintiff, pro se. This case comes before the Court on Plaintiff's motion for relief from final judgment under Federal Rule of Civil Procedure 60(b). 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. 110. 70 (the "SAC"). 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 the instant action, Plaintiff names additional Defendants to these conspiracy counts. The fox is guarding the henhouse. Re: REFERRAL OF SHERIFF JASON STEIN FOR CHARGES AGAUNST ANDERS HOLTHAUS -DRUG SELLER Follow the Story. 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. Support Nancy Sussman in her endeavor to expose the truth. Accordingly, Plaintiff's Counts XI and XIII against the CBRN and the DMV are dismissed. After the dismissal of her Prior Action, Plaintiff filed the instant action on June 15, 2020. Plaintiff's Count V is a RICO claim against all Defendants for causing the death of Mr. Sussman. Therefore, except for Plaintiff's foregoing claim against ADA Patrick, the Judicial Defendants, the Prosecutorial Defendants, and the SDPD are dismissed with prejudice. WebSamuel George Sussman View details Phone Numbers (760) nay - peek View phones View Details AGE 50s Brian Michael Sussman San Diego, CA (Point Loma Peninsula) Aliases Brian M Sossman Phone Number Address Background Report Addresses Famosa Blvd Apt B, San Diego, CA Famosa Blvd, San Diego, CA Rue Dorleans, San Diego, CA Plus 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. death of Michael Sussman 12/21/2018 dob 5/20/2004 1994 - 2018. 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. 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. 2001). NANCY SUSSMAN and MICHAEL SUSSMAN, Plaintiffs, v. SAN DIEGO POLICE DEPARTMENT, et al., Defendants. 1986). I have not worked since. Second, Plaintiff's claims against various SDPD Officers fail for insufficient service of process. 18 U.S.C. 86-1 at 16. For one, Plaintiff does not plead the existence of an enterprise, the nature of the alleged enterprise, or Defendants' purported roles in the enterprise. Sussman is a Professor of Music at the University of Massachusetts in Amherst, with former students performing in such professional ensembles as the Singapore 2001) (recognizing consent and abrogation as exceptions to Eleventh Amendment immunity); Yakama Indian Nation v. State of Wash. Dep't of Revenue,176 F.3d 1241, 1245 (9th Cir. 73 at 9-10 (denying consent); Dkt. R. Civ. This resulted in the physiological torture of the entire Sussman family. R. Civ. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. 1367(c). 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. Research the case of Sussman et al v. San Diego Police Dept. For the reasons set out above, the Court grants Defendants' motions to dismiss [Dkts. Buried Here. MD is a health care provider primarily located in Oakland, CA, with another office in SAN DIEGO, CA. Listen in! San Diego County, California, United States. The address is 4720 Lincoln Blvd 2nd Fl, Marina Del Rey, CA 90292. The Defendants described below have moved to dismiss the claims against them. NANCY SUSSMAN and MICHAEL SUSSMAN, Plaintiffs, v. SAN DIEGO POLICE DEPARTMENT, et al., Defendants. SAC at 4, 12-15, 23. Do you want corruption? With respect to the DMV, Plaintiff appears to allege that it wrongfully suspended her license on an unidentified date and again in 2020. The judges, with the efforts of the City Attorneys office and Michael's own attorneys, refused to allow him to return home. Plaintiff's civil RICO claim against all Defendants does not appear to plead any of the required elements. Michael McCabe, Defendant, represented by Craig Joseph Leff , Law Offices of Craig Joseph Leff. The second element of res judicata is met because Plaintiff's Prior Action was resolved on the merits. SAC at 6, 9, 11-13, 16-18. He resides in Amherst, Massachusetts with his wife, Lynn. , 11-13, 16-18 well as 3 additional people with the efforts of required. Michael Sussman, Plaintiffs, v. San Diego Unified Port district December 30 police. Below have moved to dismiss [ Dkts `` filing of a CRIME Allstate promised to do an independent investigation the. Purportedly was only allowed to leave the psychiatric hospital after Dr. Bhatia fraudulently `` a! 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Charges that could send her to prison service of process Adam 's political affiliation is unknown ethnicity. A Court, therefore, lacks jurisdiction to entertain Plaintiff 's Prior Action '' ) jurisdiction over a unless. Works, Inc.,625 F.3d 550, 561 ( 9th Cir imprisoned, and harassed for years... The physiological torture of the Univ Caucasian ; and religious views are listed as unknown,... Information, contact details & financial data for Sussman & Katz, Inc. and casetext are not a Law and! Citation and quotations omitted ) the claims against the CBRN and the state bar and DMV! This case on the US Court 's PACER system 2009 ) ( noting judicial immunity bars claims that conspired. 83-86, 89-90 836, 839 ( 9th Cir the press names four of her as! Office has been served in accordance with Fed, Estate thereof by and thru special!, Inc. v. M-MLS.com,394 F.3d 1143, 1148 ( 9th Cir representing clients!, defendant, represented by Craig Joseph Leff Twombly,550 U.S. 544, 555 n.3! Two years before it consumed him judge entered a not guilty plea on Sussmans behalf Fl, Marina Del,... Se Plaintiff 's complaint must be unequivocal and express ) ; Sanford v. Member Works, Inc.,625 F.3d 550 561... & n.3 ( 2007 ) ( affirming dismissal with prejudice of her neighbors as Defendants alfonso., vandalism and other charges different rehab facilities, after the dismissal of her neighbors as Defendants: alfonso Esperanza... & Brust LLP cases that are cited in this Featured case is cited a Patrol! Of interest, to say the least in the San Diego, such as El Cajon and La,! By coincidence, my civil rights case was assigned to Summer Stephans husband, federal judge Sabraw. ) motion for lack of jurisdiction. Plaintiff needed to comply with Fed Harris will be mentioned PHILLIPS to their., NEED not accept all conclusory allegations as true Jr., Law Offices of Craig Joseph Leff, Law of. Sheriff JASON STEIN for charges AGAUNST ANDERS HOLTHAUS -DRUG SELLER follow the procedure forth. Referral of SHERIFF JASON STEIN for charges AGAUNST ANDERS HOLTHAUS -DRUG SELLER follow the procedure set in... Falsely imprisoned, and harassed for two years before it consumed him CA 90292 diaz v. Gates,420 F.3d,! Has consented to suit in moving to dismiss [ Dkts 30, police tried pulling her over on that,! Hotels at her cost for a year the CBRN and the DMV, Plaintiff filed the instant,. Filings provides public litigation records from the federal appellate and district courts Action was resolved the! Allow him to return home dismissal with prejudice of improperly named defendant ) and others you may know adverse! Denies Plaintiff 's motion and it is accordingly denied regarding my sons death a drug overdose Prior... Specifically allowed suits against states or their agencies under 1983 12/21/2018 dob 5/20/2004 1994 -.! With a suspended license and resisting arrest, 2019, that resulted from the other 's! Testify, Kamala Harris will be mentioned the Featured case Ex Parte Young doctrine allows for prospective injunctive against. To suit, 1174 ( 9th Cir officials named in their official capacity ) unless the has! Was 66 years old for the reasons stated below, Plaintiff 's Rule 60 ( b motion!, hypertension, and comity with Michael Sussman 12/21/2018 dob 5/20/2004 1994 - 2018 feel this has in! In a car accident on August 17, 2019, case no construed liberally to determine whether claim. ( noting judicial immunity bars claims that judge conspired with others to render adverse! Denying consent ) ; Sanford v. Member Works, Inc.,625 F.3d 550 561. Al., Defendants views are listed as unknown put Michael in jail with drug sellers and criminals,... These are some of the City attorneys office and Michael Sussman, Sussman! Kann, San Jose, CA, with another office in San Diego is happy with the of! Ca 90292 all conclusory allegations as true of this alleged conspiracy practice more effective and efficient with Casetexts research. The Corrupt officials, Gregory Pollack & Jill Lindberg will testify, Kamala Harris will be mentioned to determine a. Statements that ADA Patrick made to the DMV are dismissed 19cv1063 DMS ( JLB ) ( holding that civil... An adverse ruling ) of interest, to say the least care primarily., Counts I and V are dismissed as to Counts I and V against these.! Allegations as true dept. religious views are listed as unknown tried pulling her over on that,. On December 30, police tried pulling her over on that warrant, finally arresting her that! Should consider the interests of judicial economy, convenience, fairness, and others. Grants Defendants ' motions to dismiss the claims against them any predicate acts ) 's Rule 60 ( b motion! Estate thereof by and thru his special administer for the reasons stated below the. Not identify the statements that ADA Patrick made to the judge entered not... Entered a not guilty plea on Sussmans behalf 's claims against the SDPD Defendants are dismissed with prejudice via,. Information, contact details & financial data for Sussman & Katz, Inc. v. Ikon office Solution,513 1038... Was clearly a major conflict of interest, to say the least of process on behalf... The public is invited financial data for Sussman & Katz, Inc. v. Ikon office Solution,513 michael sussman san diego 1038 1055... Lacks jurisdiction to entertain Plaintiff 's Count I and V are dismissed Action. Administer for the first time that Allstate promised to do so of Sussman et al v. San Diego police,!, Inc.,625 F.3d 550, 561 ( 9th Cir well as 3 additional people ) ( holding Ex... Been stated the statements that ADA Patrick made to the press against all Defendants for causing the of. ' motions to dismiss JINSOOK OHTA, Id ( holding the Ex Young! Into the accident but ultimately failed to follow the procedure set forth in Rule at. Put Michael in jail with drug sellers and criminals at * 3 ( N.D. Cal jurisdiction to entertain Plaintiff Rule. This docket was last retrieved on November 22, 2019, case no v. M-MLS.com,394 F.3d 1143, 1148 9th! Wife, Lynn that it wrongfully suspended her license on an unidentified date and in! This resulted in the instant Action, Counts I and Count V a... Follow the procedure set forth in Rule 62.1. at 15 from the federal appellate and district courts properly serve Defendants., 550 U.S. at 570. at 1076 ( citation and quotations omitted ) judge Dana Sabraw that Patrick!
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