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. Thus, the third element of res judicata is clearly met as to Counts I and V against these Defendants. 330 WEST BROADWAY See id Here, Plaintiff's claims likewise appear to arise out of the same transactional nucleus of facts, i.e., the trial, conviction, and death of Mr. Sussman. Unravel the mystery of Incognolio or go mad! Distinguished Investigator. San Diego Police Dept., Ryan Scott, Jeff Jordan, City Attorney Office & Mara Elliot, Defendants, represented by, Judge Kenneth So, Defendant, represented by, Michael McCabe, Defendant, represented by, Michael Pancer, Defendant, represented by, Charley Khoury, Defendant, represented by, Alfonso Martinez, Defendant, represented by, Heather Buergen, Esq., Defendant, represented by, Jennifer Simone, Probation Officer, Defendant, represented by. Thus, Plaintiff's remaining claims are dismissed. 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. 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. 1983cv Mark Sussman. 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. Their specialties View Profile . For the reasons set out above, the Court denies Plaintiff's Rule 60(b) motion for lack of jurisdiction. at 15. SAC at 4, 12-15, 23. 2002) (same; noting that where flaws cannot be cured, there is "no need to prolong the litigation by permitting further amendment"). 2005) (affirming dismissal with prejudice on res judicata grounds); Strand v. Gov't of U.S.,846 F.2d 1383, at *2 (9th Cir. Plaintiff does not identify the statements that ADA Patrick made to the press. San Diego, CA. Michael Sussman, Estate thereof by and thru his special administer for the estate, Plaintiff, pro se. In connection with the same matter, ADA Patrick also allegedly "got on Television to discredit Sussman publically as a witness when she was also the prosecutor." Ashelman, 793 F.2d at 1075-76 (citation and internal quotation marks omitted). Michael was charged with 18 bogus stacked on misdemeanors. See Katzier Floor, 394 F.3d at 1148 (vacating the district court's order denying appellants' Rule 60(b) motion). at 9, 28-29. 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. 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. 2017) (citation omitted). R. Civ. Accordingly, Counts I and V are dismissed with prejudice. For the reasons discussed below, the Court denies Plaintiff's motion. Finally, as was the case in the Prior Action, deprivation of constitutional rights and false imprisonment are not cognizable injuries under RICO. P. 8(a)(2). 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. 1992). at 18-19. Find Reviews, Ratings, Directions, Business Hours, Contact Information and book online appointment. Support the Sussman's. Dana M. Sabraw United States District Judge. PeopleFinders is the best people search for finding people and public records. Doe v. Lawrence Livermore Nat. On November 14, 2019, Plaintiff, proceeding pro se, filed a timely Notice of Appeal of the Court's order granting Defendants' motion to dismiss. Co., 790 F.2d 769, 772 (9th Cir. Moreover, Congress has not specifically allowed suits against states or their agencies under 1983. However, a pro se litigant's pleadings still must meet some minimum threshold in providing the defendants with notice of what it is that they allegedly did wrong. 1995). 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. I created a petition to Recall San Diego Judge Kenneth K. So. Twombly, 550 U.S. at 570. Bus. These are some of the names: World Automotive Financial Services,inc and Lavi International Corporation,. 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. Ins. Click on the case name to see the full text of the citing case. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. 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. Amendment would therefore be futile and only prolong the litigation. California. : 19-CV-1063-DMS-JLB (S.D. at 31. February 2022), Nancy will resume her so-called brand of law at 5823 Lomond Drive in San Diego, California in late January 2025. 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. It is well settled that the "filing of a notice of appeal divests the district court of jurisdiction." 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. She and her husband together create a conflict of interest, Judge Dana Sabraw has a paper trail to the federal bench. Michael Sussman. The views and opinions expressed nancysussman.wixsite.com/michaelslaw are those of the authors and do not necessarily reflect the official policy or position of the web designer. In yet another incident, unspecified persons purportedly "hired" Defendant Alfonso Martinez "to spy on the Sussman with 24/7 cameras from his roof and report all activities to them for entrapment purposes and instructed him to video tape the Sussman's and easedrop on them 24/7 and report activities to the SDPD so he could testify against the Sussman's with immunity." In determining whether to exercise supplemental jurisdiction, the Court examines whether the federal and state law claims "derive from a common nucleus of operative fact[s] such that [a plaintiff] would ordinarily be expected to try them all in one judicial proceeding." See Prior Action Dkts. denied,142 S.Ct. Here, Plaintiff does not allege either the CBRN or the DMV has consented to suit. 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). SAC at 12. Plaintiff's Count V is a RICO claim against all Defendants for causing the death of Mr. Sussman. WebHe is a recipient of European Research Council Grants. at 7-8, 14-16. 1367(c); Mendoza v. Zirkle Fruit Co.,301 F.3d 1163, 1174 (9th Cir. Public On November 14, 2019, Plaintiff, proceeding pro se, filed a timely Notice of Appeal of the Court's order granting Defendants' motion to dismiss. Check reviews, hours, insurance options, & book your appointment today. ECF No. John D Kirby, Defendant, represented by Ashley Walker Nagashima , Walsh McKean Furcolo, LLP. 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. of Contra Costa, 2013 WL 5946112 at *3 (N.D. Cal. San Diego County, California, United States. 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. Cal. 1990) ("Federal law dictates that a dismissal with prejudice bars a later suit under res judicata."). 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." Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2009) (holding that deprivation of constitutional rights is not compensable under RICO). His mother was forced to keep him in hotels at her cost for a year. 76 at 9 (same). Get the latest business insights from Dun & Bradstreet. 2002). Michael Sussman. WebAdam Sussmanwas born on 02/23/1972 and is 50 years old. Dr. Joshua Michael Sussman, PhD . OBITUARY Michael David Sussman 20 May, 1994 21 December, 2018 Michael David Sussman was born on May 20, 1994 and passed away on December 21, 2018 and is under the care of El Camino Memorial Park. Judges are "immune from damage actions for judicial acts taken within the jurisdiction of their courts." Plaintiff also names Allstate in her RICO claim but does not allege Allstate's involvement in any conspiracy. 1986). The Court, therefore, lacks jurisdiction to entertain Plaintiff's motion and it is accordingly denied. A subscription to PACER is required. Even where supplemental jurisdiction exists, the Court may decline to exercise supplemental jurisdiction if "(1) the claim raises a novel or complex issue of state law; (2) the claim substantially predominates over the claim or claims over which the district court has original jurisdiction; (3) the district court has dismissed all claims over which it has original jurisdiction; or (4) in exceptional circumstances, there are other compelling reasons for declining jurisdiction." NANCY SUSSMAN, MICHAEL SUSSMAN ESTATE THEREOF BY AND THRU HIS SPECIAL ADMINISTER FOR THE ESTATE, Plaintiff, Attorney Nancy Sussman of San Diego; ethical gremlin. 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. Zmurkewicz, US District Court for the Southern District of California. 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. Michael and his mother were set up by the SDPD. He is a current member of the Avanti Wind Quintet. My name is Nancy Sussman. Click here to return to the original record page layout. WebHenry was born on October 24, 1917 and passed away on Friday, April 3, 2009.. Henry was a resident of San Diego, California. Lived In San Diego CA, El Cajon CA. Use the links below to access additional information about this case on the US Court's PACER system. It is well settled that the "filing of a notice of appeal divests the district court of jurisdiction." 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). v. Cohill,484 U.S. 343, 350 n.7 (1988), superseded on other grounds by statute as recognized in Fent v. Okla. Water Res. 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. Therefore, Plaintiff cannot pursue her 1983 claims against the SDPD and her claims against it are dismissed. at 6. 73, 76, 78, 80-81, 83-86, 89-90. See Dkts. Clarinetist Michael Sussman has appeared as orchestra principal, soloist, or recitalist throughout the U.S., and has concertized in 32 countries on four continents. They put my brother under a conservatorship when he was 66 years old for the first time. In deciding whether to exercise supplemental jurisdiction, the court should consider the interests of judicial economy, convenience, fairness, and comity. 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. Previously cities included San Diego CA and Los Angeles CA. 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. at 7. Plaintiff does not provide any additional detail, although this allegation appears to be unrelated to Mr. Sussman's prosecution. 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. Michael Pancer, Defendant, represented by Charles R. Grebing , Wingert Grebing Brubaker & Juskie LLP & Mallory Holt , Wingert Grebing Brubaker & Juskie LLP. See Zichko v. Idaho,247 F.3d 1015, 1020 (9th Cir. Second, Plaintiff's claims against various SDPD Officers fail for insufficient service of process. Id. Plaintiff also brings an abuse of process claim against Defendant Alfonso Martinez (Count II). Dr. Sussman was recently selected by the American Heart Association's Basic Cardiovascular Science division to receive this year's Distinguished Achievement Award. 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. As a direct consequence of her misconduct, the cheerleaders for Attorney Misfits sitting on the State Bar Court punished Nancy by gifting her with a complimentary 3-year suspension of her law license effective February 12, 2022. Even if the Court were to find that supplemental jurisdiction over the remaining state law claims once existed under 28 U.S.C. Jes Solar Co. Ltd. v. Tong Soo Chung, 725 F. App'x 467, 469-70 (9th Cir. Her attorney also colluded with the Judge. 05 Aug 2017 Leave a Comment. Help us by writing the governor as this will result in more innocent people being tortured. 279 Fine Arts CenterUniversity of MassachusettsAmherst, MA 01003Tel:413-545-4776. SAC at 24-25. 2004). The Judicial Defendants, the Prosecutorial Defendants, the DMV, and the CBRN each seek to dismiss Plaintiff's claims against them on grounds of judicial immunity, prosecutorial immunity, and state immunity, respectively. 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. Furthermore, Sussman reported Judge So and Judge Pollack to the commission. at 23; California Code of Judicial Ethics, Canon 3(D)(2). Sussman's are being ostracized. Full title:NANCY SUSSMAN and MICHAEL SUSSMAN, Plaintiffs, v. SAN DIEGO POLICE, Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. Michael was charged with bogus misdemeanor's by the City attorneys office. 1996). "A federal court is without personal jurisdiction over a defendant unless the defendant has been served in accordance with Fed. Proc. WebMs Sussman represented me in a truck auto accident. 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. The case involved his wife Summer Stephans and was against their friend and endorsers. Brockmeyer v. May,383 F.3d 798, 801 (9th Cir. WebFind contact info for Elizabeth Sussman - phone number, address, email. We know that Tammy Chappell, Tamra Chappell, and two other persons also lived at this address, perhaps within a different time frame. The factual and procedural background of this case is set out in detail in the Court's order granting Defendants' motion to dismiss Plaintiff's Second Amended Complaint ("SAC"). WebMichael Sussman is on Facebook. 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. Other than claiming that she was in fact innocent of having threatened Defendant Martinez, Plaintiff does not plead further detail. Cal. SAC at 6, 9, 11-13, 16-18. Applicable Law: 42 U.S.C. 31 Mar 2017 Leave a Comment. Henry Sussman. WebMichael is related to Alfred W Sussmann and Martha Sussmann as well as 3 additional people. Young Investigator. 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. 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. Sussman is a Professor of Music at the University of Massachusetts in Amherst, with former students performing in such professional ensembles as the Singapore at 12. 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. WebSussman et al v. San Diego Police Dept. https://petitions.moveon.org/sign/recall-of-san-diego-judge. California.https://leagle.com/images/logo.png. Proc. ORDER GRANTING DEFENDANTS' MOTIONS TO DISMISS JINSOOK OHTA, Plaintiff does not specify, however, what evidence was fabricated, what testimony was false, nor the court hearing at which testimony took place. 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." 1986). WebMichael Sussman. Bd.,235 F.3d 553, 557 (10th Cir. 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. 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." Call for connection for LA CalBar Court. Includes Address(5) Phone(2) Email(1) See Results. Id. 2004) (holding that the filing of a notice of appeal strips the district court of jurisdiction over the Rule 60(b) motion). WebLisa Ann Sussman (Reigstration# 124989) is an attorney registered with State Bar of California. Plaintiff also brings claims against the SDPD Defendants based on three arrests unrelated to Mr. Sussman's prosecution. The admitted year is 1986-12-11. Nancy Sussman, et al. Access this case on the California Southern District Court's Electronic Court Filings (ECF) System. of Registered Nursing, 2019 WL 1082445, at *2 (S.D. 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 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). 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. 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's allegations against the Prosecutorial Defendants appear to center around the prosecution of Mr. Sussman. 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. Therefore, except for Plaintiff's foregoing claim against ADA Patrick, the Judicial Defendants, the Prosecutorial Defendants, and the SDPD are dismissed with prejudice. 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." 415.10-50. His research focusses on vascular biology, hypertension, and clinical immunology. 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. It will be sent to The California State House, The California State Senate, and 3 others. 28 U.S.C. Young Investigator. 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. WebMr. 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. A "pattern of racketeering activity" requires at least two predicate acts. 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 Plaintiff purportedly was only allowed to leave the psychiatric hospital after Dr. Bhatia fraudulently "orchestrated a pretend hearing." 2. 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. Plaintiff does not further elaborate on the SDPD Defendants' role in any conspiracy. 110, 128. 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. Because these allegations were litigated in the Prior Action, Counts I and V are barred by res judicata. NANCY SUSSMAN and MICHAEL SUSSMAN, Plaintiffs, Tahoe-Sierra Pres. Very caring person. Based on this, Plaintiff brings state law claims of false imprisonment, fraud, and deceit against Paradise and Dr. Bhatia (Count IX). As such, the Court finds an identity of claims between the two actions, and the first element is met. Sussman report all Michael Sussman's attorneys to the State Bar and the State bar did nothing. Click on the case name to see the full text of the citing case. San Diego, USA. SAC at 9, 28-29. Fed. Based on the above, Plaintiff brings a claim fashioned as "discrimination excessive fines and wrongful suspensions of Sussman license to drive" (Count XI).2, Unrelatedly, Plaintiff claims that the CBRN violated its fiduciary duty to her and deprived her of due process when it revoked her nursing license in 2019. Judge Sabraw refused to recuse himself and after 6 months and 30 motions to dismiss he dismissed the lawsuit. For the reasons stated below, the Court grants Defendants' motions to dismiss. Judge So put Michael in jail with drug sellers and criminals. Buried Here. 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. They may think they have won the battle, but we are here to fight the war. Id. Id. 42 U.S.C. Their specialties View Profile . Id. Michael was targeted by the SDPD, profiled with false charges false police reports. Id. Id. 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. SAC at 4. at 8. WebMr Michael Preedy. We know about ten companies registered at this address. State bar hearing proceeding on CalBar via Zoom, Bar #108689, The public is invited! That supplemental jurisdiction, the Court were to find that supplemental jurisdiction over remaining! Stacked on misdemeanors x 467, 469-70 ( 9th Cir me in a truck accident. And Los Angeles CA Chung, 725 F. App ' x 467, 469-70 ( 9th Cir jurisdiction. 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