This was clearly a major conflict of interest, to say the least. 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." All of the corrupt officials, Gregory Pollack & Jill Lindberg will testify, Kamala Harris will be mentioned. Full title:NANCY SUSSMAN and MICHAEL SUSSMAN, Plaintiffs, v. SAN DIEGO POLICE, Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. Plaintiff does not provide any additional detail, although this allegation appears to be unrelated to Mr. Sussman's prosecution. THEY VIOLATE EMTALA. See Prior Action Dkt. This was a major conflict as he dismissed the case 6 months later for his friends and endorsers without any evidence allowed to be presented by the plaintiff at all, Nancy Sussman, and the estate of Michael Sussman. Plaintiff claims that Defendants committed multiple illegal acts over the past ten years, ranging from "Satanic Jury trials" to "causing the death of Michael Sussman." at 25-27. 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 alleges that Allstate promised to do an independent investigation into the accident but ultimately failed to do so. Accordingly, Counts I and V are dismissed with prejudice. 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. WebMr. death of Michael Sussman 12/21/2018 dob 5/20/2004 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. 2022) Court Description: ORDER Granting Defendant's Motions To Dismiss [Dkts. I have not worked since. v. Cohill,484 U.S. 343, 350 n.7 (1988), superseded on other grounds by statute as recognized in Fent v. Okla. Water Res. Cause: 42 U.S.C. We know about ten companies registered at this address. 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. at 30-33. Michael and his mother were set up by the SDPD. This case comes before the Court on Plaintiff's motion for relief from final judgment under Federal Rule of Civil Procedure 60(b). 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. 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). Nov. 22, 2019). Zmurkewicz, US District Court for the Southern District of California. The admitted year is 1986-12-11. Plaintiff does not further elaborate on the SDPD Defendants' role in any conspiracy. Ashelman, 793 F.2d at 1075-76 (citation and internal quotation marks omitted). 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. 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. SAC at 11-13, 17-18. Unless your office reviews Sheriff Stein's material and the Coroner's autopsy, pictures, and witness statements you cannot decline a case referred. 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. Code Civ. Based on the foregoing, Plaintiff brings an unspecified claim against the CBRN, which the Court liberally construes as a claim brought under 1983 (Count XIII).3. Id. 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." MD is a health care provider primarily located in Oakland, CA, with another office in SAN DIEGO, CA. Select the best result to find their address, phone number, relatives, and public records. Do you want corruption? 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. 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. MD is a health care provider primarily located in Oakland, CA, with another office in SAN DIEGO, CA. Research Excellence Prize. Accordingly, Plaintiff's Counts XI and XIII against the CBRN and the DMV are dismissed. We have a picture. Real good attorney. State bar hearing proceeding on CalBar via Zoom, Bar #108689, The public is invited! Thus, Plaintiff's remaining claims are dismissed. Select the best result to find their address, phone number, relatives, and public 2005) (holding that plaintiff cannot recover under RICO based upon allegations of false imprisonment); Lauter v. Anoufrieva,642 F.Supp. 2010) (citation omitted). 2008) (citation omitted). Join Facebook to connect with Michael Sussman and others you may know. They put him in 3 different rehab facilities, after the completion of the court-ordered drug rehab they recommended that he return home. 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. Co., 790 F.2d 769, 772 (9th Cir. Dated: November 22, 2019, Case No. Their specialties View Profile . 28 U.S.C. Sedima, S.P.R.L. 2006); see also Beard v. Sheet Metal Workers Union, Local 150,908 F.2d 474, 477 n.3 (9th Cir. 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.") at 24-25. Michael Sussman was The case of death was determined to be a combination of drugs Heroin- Cocaine. P. 8(a)(2). Find Reviews, Ratings, Directions, Business Hours, Contact Information and book online appointment. Dkt. My name is Nancy Sussman. Id. As such, the Court finds an identity of claims between the two actions, and the first element is met. Criminal etc, in essence defaming Sussman," which caused Plaintiff to lose her nursing license. See Ashcroft v. Iqbal,556 U.S. 662, 678 (2009). Identity of claims exists "when two suits arise from `the same transactional nucleus of facts.'" Code Civ. The case had been turned over to the US Attorney and so far no charges have been filed. Id. Tahoe-Sierra, 322 F.3d at 1078 (citation omitted). : 19-CV-1063-DMS-JLB (S.D. Jennifer Simone, Probation Officer, Defendant, represented by Melissa Maria Holmes , County of San Diego Office of County Counsel. Defendants Judge Kenneth So; Judge Gregory Pollack; District Attorney Summer Stephan; Assistant District Attorney Wendy Patrick; City Attorney Mara Elliot; former Deputy City Attorney Ryan Scott; the San Diego Police Department; individually named San Diego Police Department Officers; the California Department of Motor Vehicles; the Certified Board of Registered Nursing; Alfonso and Esperanza Martinez; Joel and Mary Johnson; California Highway Patrol Officer Erick Parra; Allstate Northbrook Indemnity Company; Prime Healthcare Paradise Valley, LLC dba Paradise Valley Hospital; and Dr. Prakash Bhatia filed motions to dismiss Plaintiff's Second Amended Complaint on various grounds, including res judicata; judicial, prosecutorial, and state immunity; improper service of process; and failure to state a claim. Eclectic Properties E., LLC v. Marcus & Millichap Co.,751 F.3d 990, 997 (9th 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. Because the Court has dismissed all of Plaintiff's federal claimsthe claims that conferred original jurisdictionthe Court need not exercise supplemental jurisdiction over the remaining unrelated state law claims. NANCY SUSSMAN and MICHAEL SUSSMAN, Plaintiffs, v. SAN DIEGO POLICE DEPARTMENT, et al., Defendants. Henry Sussman. Newcal Indus., Inc. v. Ikon Office Solution,513 F.3d 1038, 1055 (9th Cir. John D Kirby, Defendant, represented by Ashley Walker Nagashima , Walsh McKean Furcolo, LLP. AnyLaw is the FREE and Friendly legal research service that gives you unlimited access to massive amounts of valuable legal data. Plaintiff does not argue, nor can she, that the SDPD is not a municipality. Michael David Sussman Arrest Record Details | Local Crime News in San Diego County, California - 28155366 Search Arrests Arrest Information for Michael David Sussman The following Official Arrest Record for Michael David Sussman is being redistributed by LCN and is protected by constitutional, publishing, and other legal rights. Follow the Story. 73, 76, 78, 80-81, 83-86, 89-90. 19cv1063-DMS-JLB (the "Prior Action"). Plaintiff also failed to follow the procedure set forth in Rule 62.1. 1367(a), the Court would decline to exercise supplemental jurisdiction under 28 U.S.C. Michael was charged with bogus misdemeanor's by the City attorneys office. Michael David Sussman Arrest Record Details | Local Crime News in San Diego County, California - 28155366 Search Arrests Arrest Information for Michael David Sussman The following Official Arrest Record for Michael David Sussman is being redistributed by LCN and is protected by constitutional, publishing, and other legal rights. Nancy Sussman, et al. We know about ten companies registered at this address. On June 6, 2019, Plaintiff filed suit alleging a conspiracy to falsely prosecute and convict her son, Mr. Sussman. Michael was charged with 18 bogus stacked on misdemeanors. Michael was targeted by the SDPD, profiled with false charges false police reports. Lived In San Diego CA, El Cajon CA. United States District Court, S.D. Gould v. Mutual Life Ins. 4." Refine Your Search Results All Filters. If not removed from office this power-hungry Judge will continue his behavior without accountability. WebUC San Diego Health. ), amended on denial of reh'g, 716 F. App'x 635 (9th Cir. The fox is guarding the henhouse. Young Investigator. 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. Id. Heather Buergen, Esq., Defendant, represented by Corinne Bertsche , Lewis Brisbois Bisgaard & Smith LLP. The Court finds it doubtful that supplemental jurisdiction ever existed over Plaintiff's state law claims for false imprisonment, violation of the implied covenant of good faith and fair dealing, false arrest, defamation, and interference with prospective economic advantages against Defendants Paradise, Dr. Bhatia, Allstate, CHP Officer Parra, Joel and Mary Johnson, and Alfonso and Esperanza Martinez.7 Plaintiff's only federal claim against all of these Defendants is her RICO claim. Judges are "immune from damage actions for judicial acts taken within the jurisdiction of their courts." 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. 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. WebMichael Sussman. Id. She hired 3 attorneys who colluded with the City Attorneys' office. at 12-16. at 14-15. 1986). at 15. at 18. Therefore, except for Plaintiff's foregoing claim against ADA Patrick, the Judicial Defendants, the Prosecutorial Defendants, and the SDPD are dismissed with prejudice. Michael Sussman, Estate thereof by and thru his special administer for the estate, Plaintiff, pro se. In fact, both agencies have specifically denied consenting to suit in moving to dismiss the SAC. 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. at 1076 (citation and quotations omitted). "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." 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. A dismissal with prejudice constitutes a "final judgment on the merits" for res judicata purposes. United States District Court, S.D. 1988) (affirming dismissal with prejudice on immunity grounds); see also Golden v. Hubbell Inc., 343 F. App'x 226, 227-28 (9th Cir. 1961(4). When the mother was able to get him out on bail he died mysteriously 2 days later. Very caring person. 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. 2000)). First, Plaintiff's claims against the Judicial Defendants are absolutely barred by judicial immunity, and thus Plaintiff cannot cure her claims as to them. Maggie Fink Sussman. State Bar Hearing is pending on the 23rd and the 24th of February. 37-2016-00045136-CU-HRCTL; SAC at 6, 9, 16-17. Tahoe-Sierra Pres. Check reviews, hours, insurance options, & book your appointment today. 509 U.S. at 277-78. Support Nancy Sussman in her endeavor to expose the truth. --------. 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 Southern California (USC) School of Law. WebThe residential address for Gary is 5230 Fiore Terr, San Diego, CA 92122. Id. Id. Id. Alfonso Martinez, Defendant, represented by Gregory P. Konoske , Konoske Akiyama & Brust LLP. Plaintiff: Nancy Sussman and Michael Sussman. Here, the SAC alleges acts that are judicial in nature because eachpresiding over Mr. Sussman's trial, issuing a restraining order, and issuing court documentsare functions typically performed by a judge and, according to Plaintiff, were done in connection with criminal and civil proceedings over which the Judicial Defendants had jurisdiction. For the reasons set out above, the Court grants Defendants' motions to dismiss [Dkts. "A federal court is without personal jurisdiction over a defendant unless the defendant has been served in accordance with Fed. We feel this has resulted in the Obstruction of Justice for a victim of A CRIME. This was to save money for Mercy Hospital and because a corrupt Judge ALLOWED IT. Judge Pollack, Judge So, and Michael's own attorneys as well that equaled collusion and corruption. As a result of this whistleblowing, Michael Sussman became a target. 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. WebMs Sussman represented me in a truck auto accident. Thus, the Court does not have personal jurisdiction over the SDPD Officers, and the claims against them are dismissed. See id. 1983cv 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. Source: PACER. Plaintiff also failed to follow the procedure set forth in Rule 62.1. Williams v. Woodford, 384 F.3d 567, 586 (9th Cir. Cal. R. Civ. at 9, 28-29. WebThe residential address for Gary is 5230 Fiore Terr, San Diego, CA 92122. Plaintiff also brings claims against the SDPD Defendants based on three arrests unrelated to Mr. Sussman's prosecution. With respect to the DMV, Plaintiff appears to allege that it wrongfully suspended her license on an unidentified date and again in 2020. Check reviews, hours, insurance options, & book your appointment today. City of Chicago v. Int'l College of Surgeons,522 U.S. 156, 172-73 (1997); Smith v. Lenches,263 F.3d 972, 977 (9th Cir. Plaintiff has 45 days from the date of this order to file an amended complaint on the claims dismissed without prejudice. Nevertheless, Plaintiff is on notice that the SAC does not provide a short and plain statement of claims or state a claim as required by Rules 8 and 12(b)(6). 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. The address is 4720 Lincoln Blvd 2nd Fl, Marina Del Rey, CA 90292. Because all the elements for res judicata are met, Plaintiff's Count I and Count V are dismissed as to the aforementioned Defendants. 2004). Dismissal with prejudice is warranted where amendment would be futile because flaws in the claims cannot be cured. Join Facebook to connect with Michael Sussman and others you may know. 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. Chaset v. Fleer/Skybox Int'l, LP,300 F.3d 1083, 1088 (9th Cir. Ins. For the reasons discussed below, the Court denies Plaintiff's motion. Plaintiff purportedly was only allowed to leave the psychiatric hospital after Dr. Bhatia fraudulently "orchestrated a pretend hearing." Council, Inc. v. Tahoe Reg'l Planning Agency,322 F.3d 1064, 1077 (9th Cir. 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." 102 persons linked to this address. See Dkts. Id. Citations are also linked in the body of the Featured Case. WebMichael is related to Alfred W Sussmann and Martha Sussmann as well as 3 additional people. His four children live and/or attend schools in Massachusetts, New York , and North Carolina. Click here to return to the original record page layout. Plaintiff states that she was in a car accident on August 17, 2019, that resulted from the other driver's negligence. 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). Plaintiff does not further clarify the contours of this alleged conspiracy. Code 911.2, 945.4; Mangold v. California Pub. Plaintiff's allegations against the Prosecutorial Defendants appear to center around the prosecution of Mr. Sussman. 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. Harbor Police, Defendant, represented by Simon M. Kann , San Diego Unified Port District. MICHAEL SUSSMAN, Estate thereof by and thru his special administer for the estate and NANCY SUSSMAN: Case Number: 19-56329: Filed: November 18, 2019: Court: U.S. Court of Appeals, Ninth Circuit: Nature of Suit: Other Civil Rights As we speak (ca. Their specialties View Profile . 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. Plaintiff alleges that Defendant California Highway Patrol ("CHP") Officer Erick Parra falsely arrested Plaintiff in January 2020, failed to mirandize her, and wrongfully reported her to the DMV. Id. 1983cv Civil Rights Act - Civil Action for Deprivation of Rights UMass Amherst, Amherst College, Smith College, Hampshire College, Mount Holyoke. WebMichael was a great kid and both families have been completely destroyed by the psychopath court system and the San Diego police department. 2018) (holding the Ex Parte Young doctrine allows for prospective injunctive relief against state officials named in their official capacity). A court, however, need not accept all conclusory allegations as true. 1997). Dittman, 91 F.3d at 1025-26. NANCY SUSSMAN and MICHAEL SUSSMAN, Plaintiffs, v. SAN DIEGO POLICE DEPARTMENT, et al., Defendants. v. Gibbs,383 U.S. 715, 725 (1966). SAC at 28-30. 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. Dana M. Sabraw United States District Judge.