18 U.S.C. ECF No. Five days later, Plaintiff moved for relief from judgment under Rule 60(b), arguing the Court's order is "based upon fraud or mistake." 110. 1986). 2006); see also Beard v. Sheet Metal Workers Union, Local 150,908 F.2d 474, 477 n.3 (9th Cir. United States District Court, S.D. 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. 110 at 2. A court, however, need not accept all conclusory allegations as true. al., Defendants. R. Civ. 900 (2022). The tragedy of Jonah Rief will be discussed, testified to, including the involvement of Kamala Harris. His mother was able to get him out on appeal. Riggs v. Jud. 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." Cal. The Court agrees with Defendants that Plaintiff "did not properly serve the individually named Defendants under California law or Federal law." 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." On November 14, 2019, Plaintiff, proceeding pro se, filed a timely Notice of Appeal of the Court's order granting Defendants' motion to dismiss. Pro se complaints are "held to less stringent standards than formal pleadings drafted by lawyers." SAN DIEGO POLICE DEPARTMENT, et al., Defendants. 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. Id. Id. They made his mother an involuntary victim against his son, his mother was forced to spend $350,000 to defend his son. 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. Plaintiff also claims that DA Stephan refused to investigate her son's death in 2018. He is a current member of the Avanti Wind Quintet. Related To Michael Sussman, Nancy Sussman, Freda Sussman, Lucia Sussman. 4." Id. WE NEED BRITNEY TO SPEAK OUT AGAINST CORRUPT GOVERNMENTAL CONSERVATORSHIP. I have not worked since. at 7. MD is a health care provider primarily located in Oakland, CA, with another office in SAN DIEGO, CA. WebSussman et al v. San Diego Police Dept. Plaintiff's claims against Defendants DA Stephan, ADA Patrick, City Attorney Elliot, and former Deputy City Attorney Scott are barred by the doctrine of prosecutorial immunity. Moreover, her claim against the DMV does not seek prospective injunctive relief. at 14-15, 18-19. Id. Dkt. 2005) (holding that plaintiff cannot recover under RICO based upon allegations of false imprisonment); Lauter v. Anoufrieva,642 F.Supp. 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. Id. WebHenry Sussman may also have lived outside of San Diego, such as El Cajon and La Mesa. See Dkt. WebMichael Sussman. Id. at 30-36. On September 15, 2020, the Ninth Circuit affirmed. Distinguished Investigator. Their specialties View Profile . The 2 cases of a lot of similarities. Sussman is a Professor of Music at the University of Massachusetts in Amherst, with former students performing in such professional ensembles as the Singapore Williams v. Woodford,384 F.3d 567, 586 (9th Cir. In deciding a motion to dismiss, all material factual allegations of the complaint are accepted as true, as well as all reasonable inferences to be drawn from them. We are here to tell Michaels story and expose the truth about what is really going on in the San Diego judicial system. 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. at 12-16. 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. Refine Your Search Results All Filters. Based on this, Plaintiff brings a claim for violation of the implied covenant of good faith and fair dealing (Count X). "A federal court is without personal jurisdiction over a defendant unless the defendant has been served in accordance with Fed. Because all the elements for res judicata are met, Plaintiff's Count I and Count V are dismissed as to the aforementioned Defendants. WebAdam Sussmanwas born on 02/23/1972 and is 50 years old. Id. 2018) (holding the Ex Parte Young doctrine allows for prospective injunctive relief against state officials named in their official capacity). 1367(c); Sanford v. Member Works, Inc.,625 F.3d 550, 561 (9th Cir. SAC at 28-30. See Alfonso Martinez v. Nancy Sussman, Superior Court of California, County of San Diego, Case No. Clark v. Time Warner Cable,523 F.3d 1110, 1116 (9th Cir. Find Reviews, Ratings, Directions, Business Hours, Contact Information and book online appointment. 1994 - 2018. See Brazil v. U.S. Dep't of Navy,66 F.3d 193, 199 (9th Cir. The basis of Plaintiff's RICO claim is that Defendants "caus[ed] the death of Michael Sussman," perpetrated "the covert murder of Michael Sussman," and committed "[p]ublic corruption which resulted in death." Judge Sabraw refused to recuse himself and after 6 months and 30 motions to dismiss he dismissed the lawsuit. v. San Diego Police Dept., et al., Case No. Call for connection for LA CalBar Court. 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." Id. As a result of this whistleblowing, Michael Sussman became a target. 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. 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." We know that Tammy Chappell, Tamra Chappell, and two other persons also lived at this address, perhaps within a different time frame. Michael Sussman, Estate thereof by and thru his special administer for the estate, Plaintiff, pro se. 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. 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. at 6. Michael was charged with bogus misdemeanor's by the City attorneys office. Judge So also gave them a make-believe trial and sent Tammy to jail for 3 years and took part in her son, Jonah Rief, being sold to international sex slavery and he has never been heard from since. WHEN MY BROTHER DIED HE WEIGHED 70 POUNDS AND HAD A 5'11 FRAME. Dr. Mark Sussman is a Professor of Biology at San Diego State University and the Chief Research Scientist at the San Diego State University Heart Institute. 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. 2010) (citation omitted). The judges, with the efforts of the City Attorneys office and Michael's own attorneys, refused to allow him to return home. Therefore, Plaintiff cannot pursue her 1983 claims against the SDPD and her claims against it are dismissed. 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. 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. at 15. 1994 - 2018. WebMs Sussman represented me in a truck auto accident. Citations are also linked in the body of the Featured Case. Harbor Police, Defendant, represented by Simon M. Kann , San Diego Unified Port District. See Federated Dep't Stores, Inc. v. Moitie,452 U.S. 394, 398 (1981); see also Stewart v. U.S. Bancorp,297 F.3d 953, 956 (9th Cir. 1995) (noting that the CTCA requires "timely presentation of a written claim and [] rejection" and a "plaintiff must allege compliance or circumstances excusing compliance"). Full title:NANCY SUSSMAN and MICHAEL SUSSMAN, Plaintiffs, v. SAN DIEGO POLICE, Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. San Diego, CA 92101. Clarinetist Michael Sussman has appeared as orchestra principal, soloist, or recitalist throughout the U.S., and has concertized in 32 countries on four continents. 9. Id. State bar hearing proceeding on CalBar via Zoom, Bar #108689, The public is invited! 1999) (noting judicial immunity bars claims that judge conspired with others to render an adverse ruling). John D Kirby, Defendant, represented by Ashley Walker Nagashima , Walsh McKean Furcolo, LLP. 1367(a), the Court would decline to exercise supplemental jurisdiction under 28 U.S.C. P. 4(e) and a file a separate proof of service as to each Defendant to demonstrate compliance. Id. Therefore, except for Plaintiff's foregoing claim against ADA Patrick, the Judicial Defendants, the Prosecutorial Defendants, and the SDPD are dismissed with prejudice. See Zichko v. Idaho,247 F.3d 1015, 1020 (9th Cir. Dkt. 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. The case involved his wife Summer Stephans and was against their friend and endorsers. : 19-CV-1063-DMS-JLB (S.D. Thus, Plaintiff's remaining claims are dismissed. The Defendants described below have moved to dismiss the claims against them. 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[]." Public Deputy Editors Professor Charalambos Antoniades, MD PhD FESC 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. PeopleFinders is the best people search for finding people and public records. Citations are also linked in the body of the Featured Case. SAC at 18. at 7. ADA Patrick likewise allegedly initiated criminal proceedings for an improper purpose, and misrepresented facts to the court. Accordingly, Counts I and V are dismissed with prejudice. SAC at 4. Attorney Nancy Sussman of San Diego; ethical gremlin. WebMr. The Court, therefore, lacks jurisdiction to entertain Plaintiff's motion and it is accordingly denied. 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. Co.,80 F.3d 336, 338 (9th Cir. Cal. We demand that a case be opened for a review into the death of Michael Sussman immediately without any further delay. 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. 73, 76, 78, 80-81, 83-86, 89-90. And if that was not enough, 5 years later he paid him more money in exchange to be appointed a Superior Court Judge. Plaintiff states that she was in a car accident on August 17, 2019, that resulted from the other driver's negligence. at 24-25. The admitted year is 1986-12-11. I created a petition to Recall San Diego Judge Kenneth K. So. In the SAC, Plaintiff claims that Defendants Judge Kenneth So and Judge Gregory Pollack (together, the "Judicial Defendants") illegally acted to harm Plaintiff and Mr. Sussman in violation of their civil rights. 2009) (holding that deprivation of constitutional rights is not compensable under RICO). 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. The coroner's office has I fear identified the body externally by the wrong description and refuse to provide identifying pictures. Michael and his mother were set up by the SDPD. Please contact or have an assistant D.A. WebJudge Kenneth K So caused a 24 Year old man, Michael Sussman, along with the City Attorneys office and Michael Sussmans own attorney, Michael McCABE, to be Code 911.2, 945.4; Mangold v. California Pub. 1983cv Civil Rights Act - Civil Action for Deprivation of Rights Holden v. Hagopian,978 F.2d 115, 1121 (9th Cir. at 8. Incognolio will be released by Janx 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. Plaintiff does not further elaborate on the SDPD Defendants' role in any conspiracy. 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. 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 United States District Court, S.D. 86-1 at 16. Therefore, these acts cannot form a basis for liability. In 1993, he paid Governor Pete Wilson $1200 to be placed as a municipal court judge. Id. The address is 4720 Lincoln Blvd 2nd Fl, Marina Del Rey, CA 90292. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. Nearly all of Plaintiff's allegations concerning the Prosecutorial Defendants involve prosecutorial acts closely tied to the initiation and presentation of state prosecutions. Gov. WebRecord for Freda Sussman 1922 - 2008 in El Camino Memorial Park, San Diego, San Diego, California, United States from BillionGraves GPS Headstones. 2,500 likes. & Prof. Code 2701; Cal. Dana M. Sabraw United States District Judge. Plaintiff brings a claim against Defendant Allstate Northbrook Indemnity Company ("Allstate") based on an insurance dispute that is unrelated to the rest of her claims. Their specialties View Profile . California.https://leagle.com/images/logo.png. Plaintiff contends, as she did in the Prior Action, that Judge So unfairly presided over the criminal trial of Mr. Sussman, which resulted in Mr. Sussman's "fake conviction" and death. See Prior Action Dkt. On November 14, 2019, Plaintiff, proceeding pro se, filed a timely Notice of Appeal of the Court's order granting Defendants' motion to dismiss. (quoting Cleavinger v. Saxner,474 U.S. 193, 199 (1985)); Butler v. Gammick,173 F.3d 859 (9th Cir. The City attorney charged him with false charges, false restraining orders and prohibit him from seeing his mother which was not warranted by her. Kenneth So was the same Judge who charged a mother from Alabama with kidnapping her own child. Follow the Story. SAC at 6, 9, 11-13, 16-18. See id. Id. 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. 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. For the reasons set out above, the Court denies Plaintiff's Rule 60(b) motion for lack of jurisdiction. 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). 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. Plaintiff names four of her neighbors as Defendants: Alfonso and Esperanza Martinez and Joel and Mary Johnson. Bell Atlantic Corp. v. Twombly,550 U.S. 544, 555 & n.3 (2007) (citations omitted). 42 U.S.C. 102 persons linked to this address. at 14-15. In both actions, Nancy Sussman is the Plaintiff and the SDPD, the San Diego City Attorney's Office, Mara Elliot, Ryan Scott, Alfonso Martinez, and Judge So are Defendants. Their names are Carolyn Enders, Joshua Olsen, and 100 others. Michael Sussman was 1997). at 24. The Court, therefore, lacks jurisdiction to entertain Plaintiff's motion and it is accordingly denied. 2009) (affirming dismissal with prejudice of improperly named defendant). 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." Plaintiff's Prior Action seeking redress for the death of her son was dismissed with prejudice and affirmed on appeal, satisfying the second element. WebLisa Ann Sussman (Reigstration# 124989) is an attorney registered with State Bar of California. 3:2020cv01085 - Document 139 (S.D. The State Bar is giving in to political pressure to retaliate against Sussman's right to free speech. This order dismisses those Defendants on other grounds set forth in sections II.A and II.C-D.). She is known for being a courtroom whistleblower and who will take corrupt officials tries to hold them accountable. Dated: November 22, 2019, Case No. 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 case had been turned over to the US Attorney and so far no charges have been filed. Id. A former computer crimes prosecutor who worked for the Justice Department for 12 years, Mr. Sussmann in 2016 represented the Democratic National Committee on 2017) (citation omitted). 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. Id. Utilities Comm'n,67 F.3d 1470, 1477 (9th Cir. February 2022), Nancy will resume her so-called brand of law at 5823 Lomond Drive in San Diego, California in late January 2025. His office has been frustrated by your office not reviewing the material regarding my sons death. of Registered Nursing, 2019 WL 1082445, at *2 (S.D. 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. Judge Pollack, Judge So, and Michael's own attorneys as well that equaled collusion and corruption. 509 U.S. at 277-78. Her attorney also colluded with the Judge. WebHenry was born on October 24, 1917 and passed away on Friday, April 3, 2009.. Henry was a resident of San Diego, California. Dr. Joshua Michael Sussman, PhD . 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"). Click here to return to the original record page layout. 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. Plaintiff states that Mr. Sussman's prosecution was "was being done for the police dept." Dittman v. California,191 F.3d 1020, 1025-26 (9th Cir. Plaintiff's remaining claims are dismissed without prejudice because amendment would not be clearly futile at this juncture. Plaintiff also brings an abuse of process claim against Defendant Alfonso Martinez (Count II). 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. 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." Id. Henry Sussman. 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. ORDER GRANTING DEFENDANTS' MOTIONS TO DISMISS JINSOOK OHTA, SAC at 11-13, 17-18. His research focusses on vascular biology, hypertension, and clinical immunology.
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