at 7. Katzir Floor & Home Designs, Inc. v. M-MLS.com, 394 F.3d 1143, 1148 (9th Cir. 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. 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. 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. Williams v. Woodford,384 F.3d 567, 586 (9th Cir. Criminal etc, in essence defaming Sussman," which caused Plaintiff to lose her nursing license. of U.S., 137 F. App'x 72 (9th Cir. She really beats up on the bad insurance companies. NANCY SUSSMAN and MICHAEL SUSSMAN, Plaintiffs, v. SAN DIEGO POLICE DEPARTMENT, et al., Defendants. Code Civ. 2. Lived in Corona CA | Mission Viejo CA Related to Michael Sussman | Aaron Sussman | Beth Weinstein | Dana Weinstein | Danielle Sussman. Click here to return to the original record page layout. 2022) Court Description: ORDER Granting Defendant's Motions To Dismiss [Dkts. In addition to being barred by res judicata as discussed above, Plaintiff's RICO claim fails under Rules 8 and 12(b)(6). Co.,80 F.3d 336, 338 (9th Cir. Sussman's are being ostracized. Prosecutorial immunity applies wherever a prosecutor "acts as an advocate in initiating a prosecution and in presenting the state's case." Kenneth So was the same Judge who charged a mother from Alabama with kidnapping her own child. Code 911.2, 945.4; Mangold v. California Pub. 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). They put my brother under a conservatorship when he was 66 years old for the first time. 1961(4). As a result of this whistleblowing, Michael Sussman became a target. R. Civ. (408) 280-7448 (Pacific Bell), (619) 665-5833 (Sprint Spectrum LPPacific Bell) are the phone numbers for Howard. My novel, INCOGNOLIO, was accepted for the Kindle Scout contest and Im Id. See Brazil v. U.S. Dep't of Navy,66 F.3d 193, 199 (9th Cir. In re Lazar,237 F.3d 967, 976 (9th Cir. Defendant: Francisco Martinez, San Diego Police Dept., US Border Patrol, Jennifer Simone, Ryan Scott, Any content provided by our bloggers or authors are of their opinion, and are not intended to malign any religion, ethnic group, club, organization, company, individual or anyone or anything. 86-1 at 16. 1994 - 2018. The Court, therefore, lacks jurisdiction to entertain Plaintiff's motion and it is accordingly denied. Id. PeopleFinders is the best people search for finding people and public records. United States District Court, S.D. Id. A dismissal with prejudice constitutes a "final judgment on the merits" for res judicata purposes. death of Michael Sussman 12/21/2018 dob 5/20/2004 United Mine Workers of Am. See Alfonso Martinez v. Nancy Sussman, Superior Court of California, County of San Diego, Case No. Select the best result to find their address, phone number, relatives, and public Dismissal with prejudice is warranted where amendment would be futile because flaws in the claims cannot be cured. 2005) (Ferguson, J., concurring) ("[M]unicipal police departments and bureaus are generally not considered `persons' within the meaning of section 1983"); Rodriguez v. Cnty. Accordingly, Plaintiff's Counts XI and XIII against the CBRN and the DMV are dismissed. v. San Diego Police Dept., et al., Case No. SAC at 24-25. 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. The Defendants described below have moved to dismiss the claims against them. 1999) (state's consent must be unequivocal and express); Doe v. Regents of the Univ. Her attorney also colluded with the Judge. Instead of applauding her for exposing corruption, the California State Bar has filed charges against the mother for imputing the "integrity" of the corrupt judges So, Pollack and others The civil rights suit was strangely assigned to Judge Dana Sabraw who is the husband of the District Attorney Summer Stephan. 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. He resides in Amherst, Massachusetts with his wife, Lynn. WebView the profiles of people named Michael Sussman. Twombly, 550 U.S. at 570. Id. Riggs v. Jud. ADA Patrick likewise allegedly initiated criminal proceedings for an improper purpose, and misrepresented facts to the court. 2006); see also Beard v. Sheet Metal Workers Union, Local 150,908 F.2d 474, 477 n.3 (9th Cir. This act is also judicial in nature because reporting unethical attorney conduct is well within the typical acts of a judge. 2018) (holding the Ex Parte Young doctrine allows for prospective injunctive relief against state officials named in their official capacity). Plaintiff does not further elaborate on the SDPD Defendants' role in any conspiracy. NANCY SUSSMAN and MICHAEL SUSSMAN, Plaintiffs, Young Investigator. See Prior Action Dkt. SAC at 11-13, 17-18. In fact, both agencies have specifically denied consenting to suit in moving to dismiss the SAC. When claims are barred by immunity or by res judicata, amendment is plainly futile. Id. Judicial immunity "applies `however erroneous the act may have been, and however injurious in its consequences it may have proved to plaintiff." Plaintiff further fails to identify what ADA Patrick said to the press or how her statements harmed Plaintiff. Here, Plaintiff filed a notice of appeal before she moved for relief from judgment pursuant to Rule 60(b). Id. A more recent docket listing WebFind company research, competitor information, contact details & financial data for Sussman & Katz, Inc. of San Diego, CA. Distinguished Investigator. According to Plaintiff, ADA Patrick participated in these events, although her role is not specified. 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. We are here to give Michael a voice. 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. Dkt. Each of these acts involves Defendants DA Stephan, ADA Patrick, Elliot, and Scott initiating prosecutions and presenting the state's case in court. 8, 12-18, 21-22. With respect to the DMV, Plaintiff appears to allege that it wrongfully suspended her license on an unidentified date and again in 2020. Attorney Nancy Sussman of San Diego; ethical gremlin. Citations are also linked in the body of the Featured Case. When the mother was able to get him out on bail he died mysteriously 2 days later. United States District Court, S.D. 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. In the instant action, the second of two lawsuits she has filed in Dkt. at 30-33. Plaintiff's Count V is a RICO claim against all Defendants for causing the death of Mr. Sussman. 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). Plaintiff names four of her neighbors as Defendants: Alfonso and Esperanza Martinez and Joel and Mary Johnson. The family is "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. WebThe residential address for Gary is 5230 Fiore Terr, San Diego, CA 92122. 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. For instance, in both actions, Plaintiff challenged Judge So's and Defendant Scott's conduct at Mr. Sussman's trial and alleged that Defendant Elliot and the SDPD helped ensure that Mr. Sussman was convicted. Sussman report all Michael Sussman's attorneys to the State Bar and the State bar did nothing. at 1076 (citation and quotations omitted). IT IS SO ORDERED. 1983cv Shortly after being released from jail, Mr. Sussman died of a drug overdose. This is an excess force to the point of terrorism. 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." Plaintiff also names Allstate in her RICO claim but does not allege Allstate's involvement in any conspiracy. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. Other than claiming that she was in fact innocent of having threatened Defendant Martinez, Plaintiff does not plead further detail. 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. 110, 128. Plaintiff's only allegations against the Prosecutorial Defendants not covered by prosecutorial immunity is that ADA Patrick made statements to the press. See Prior Action Dkt. 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." Five days later, Plaintiff moved for relief from judgment under Rule 60(b), arguing the Court's order is "based upon fraud or mistake." Doe v. Lawrence Livermore Nat. 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. 1995) (noting that the CTCA requires "timely presentation of a written claim and [] rejection" and a "plaintiff must allege compliance or circumstances excusing compliance"). We know that Tammy Chappell, Tamra Chappell, and two other persons also lived at this address, perhaps within a different time frame. WE NEED DOCTOR LIKE LIAN AND PHILLIPS TO HAVE THEIR MEDICAL LICENSE REMOVED. Id. The address is 4720 Lincoln Blvd 2nd Fl, Marina Del Rey, CA 90292. 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. 4." Identity of claims exists "when two suits arise from `the same transactional nucleus of facts.'" 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. "A federal court is without personal jurisdiction over a defendant unless the defendant has been served in accordance with Fed. Cal. Sussman et al v. San Diego Police Dept. Id. Buried Here. 2008). We know that Adam's political affiliation is unknown; ethnicity is Caucasian; and religious views are listed as unknown. Id. Check out the latest pictures, photos and images of Michael Sussman from 2018. Proc. Nov. 22, 2019). 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. MD is a health care provider primarily located in Oakland, CA, with another office in SAN DIEGO, CA. Listed below are the cases that are cited in this Featured Case. See Ashcroft v. Iqbal,556 U.S. 662, 678 (2009). Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. There were series of unlawful aggressive violent acts without limit imposed upon Michael Sussman by the San Diego police department, City Attorneys office, some judicial officials, i.e. The company is Workers Compensation Appeals Board. Bus. Gov. His four children live and/or attend schools in Massachusetts, New York , and North Carolina. Real good 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." United States District Court, S.D. 05 Aug 2017 Leave a Comment. 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