Katzir Floor & Home Designs, Inc. v. M-MLS.com,394 F.3d 1143, 1148 (9th Cir. Shortly after being released from jail, Mr. Sussman died of a drug overdose. at 14-15, 18-19. NANCY SUSSMAN AGE 70 NEVER COMMITTED A CRIME IN HER LIFE AND THE D.A. United Mine Workers of Am. WebMichael was a great kid and both families have been completely destroyed by the psychopath court system and the San Diego police department. Thus, the third element of res judicata is clearly met as to Counts I and V against these Defendants. WebView the profiles of people named Michael Sussman. When claims are barred by immunity or by res judicata, amendment is plainly futile. We found 15 records for Michael Sussman in CA, MI and 9 other states. If not removed from office this power-hungry Judge will continue his behavior without accountability. 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." "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." Thus, Plaintiff's remaining claims are dismissed. For the reasons stated below, the Court grants Defendants' motions to dismiss. 1994 - 2018. SAC at 12. Dittman v. California,191 F.3d 1020, 1025-26 (9th Cir. Sussman appealed to the 9th District based upon judicial misconduct and judge Sidney Thomas backdated his denial of the two judicial conduct complaints to make them look untimely. 4, 12-13, 23. 1999); Sabatini v. California Bd. Cal. He is a current member of the Avanti Wind Quintet. 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. On September 15, 2020, the Ninth Circuit affirmed. 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. The company is Workers Compensation Appeals Board. Each of these acts involves Defendants DA Stephan, ADA Patrick, Elliot, and Scott initiating prosecutions and presenting the state's case in court. The Court finds that certain of Plaintiff's claims must be dismissed with prejudice. AnyLaw is the FREE and Friendly legal research service that gives you unlimited access to massive amounts of valuable legal data. The family is Yagman v. Garcetti,852 F.3d 859, 867 (9th Cir. 2017) (citation omitted). Michael Pancer, Defendant, represented by Charles R. Grebing , Wingert Grebing Brubaker & Juskie LLP & Mallory Holt , Wingert Grebing Brubaker & Juskie LLP. Because all the elements for res judicata are met, Plaintiff's Count I and Count V are dismissed as to the aforementioned Defendants. Id. Henry R Sussman Resides in La Mesa, CA. Id. : 19-CV-1063-DMS-JLB (S.D. 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. v. Imrex Co., Inc.,473 U.S. 479, 496 (1985). 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." When they were timely. 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. 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. 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. 2002). Here, Plaintiff filed a notice of appeal before she moved for relief from judgment pursuant to Rule 60(b). 2005) (affirming dismissal with prejudice on res judicata grounds); Strand v. Gov't of U.S.,846 F.2d 1383, at *2 (9th Cir. 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[]." Kenneth So was the same Judge who charged a mother from Alabama with kidnapping her own child. 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 Nor does Plaintiff identify any predicate acts, let alone a pattern of racketeering activity. at 1076 (citation and quotations omitted). Judge Sabraw, who presided over the Prior Action, dismissed Plaintiff's second amended complaint with prejudice on Their names are Carolyn Enders, Joshua Olsen, and 100 others. A dismissal with prejudice constitutes a "final judgment on the merits" for res judicata purposes. 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. may be available from PACER. Her attorney also colluded with the Judge. His mother was forced to keep him in hotels at her cost for a year. Fed. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. Id. WebFind contact info for Elizabeth Sussman - phone number, address, email. Ashelman, 793 F.2d at 1075. Co., 790 F.2d 769, 772 (9th Cir. Access this case on the California Southern District Court's Electronic Court Filings (ECF) System. My name is Nancy Sussman. I created a petition to Recall San Diego Judge Kenneth K. So. Id. As we speak (ca. Plaintiff also failed to follow the procedure set forth in Rule 62.1. Id. "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." 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. 2002). 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. 2003). Code Civ. The Court agrees with Defendants that Plaintiff "did not properly serve the individually named Defendants under California law or Federal law." Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. Buried Here. 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." San Diego Police Dept., Ryan Scott, Jeff Jordan, City Attorney Office & Mara Elliot, Defendants, represented by Steven Ray Guess , Office of the City Attorney - City of San Diego. Twombly, 550 U.S. at 570. WebFind company research, competitor information, contact details & financial data for Sussman & Katz, Inc. of San Diego, CA. Based on this, Plaintiff brings state law claims of false imprisonment, fraud, and deceit against Paradise and Dr. Bhatia (Count IX). Gov. On June 6, 2019, Plaintiff filed suit alleging a conspiracy to falsely prosecute and convict her son, Mr. Sussman. Jes Solar Co. Ltd. v. Tong Soo Chung, 725 F. App'x 467, 469-70 (9th Cir. For the reasons stated below, Plaintiff's claims against the SDPD Defendants are dismissed. During this arrest, Plaintiff states that individually named SDPD Officers Highhorse and Mondello jumped on her and "put Sussman handcuffs on so tight Sussman suffered heart pains," respectively. Professor, Department of Music and Dance. et al, No. Queen Mary University of London. 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. Id. John D Kirby, Defendant, represented by Ashley Walker Nagashima , Walsh McKean Furcolo, LLP. He resides in Amherst, Massachusetts with his wife, Lynn. 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. 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. Council, Inc. v. Tahoe Reg'l Planning Agency,322 F.3d 1064, 1077 (9th Cir. Nancy Sussman, et al. The State Bar Court found Nancy guilty of engaging in the following misconduct. Id. Claims brought under state law, for non-injunctive relief, or for retrospective relief are not permitted. Id. Michael was a kind, smart person who would give anyone the shirt off his back. Jennifer Simone, Probation Officer, Defendant, represented by Melissa Maria Holmes , County of San Diego Office of County Counsel. at 18-19. v. Cohill,484 U.S. 343, 350 n.7 (1988), superseded on other grounds by statute as recognized in Fent v. Okla. Water Res. Holden v. Hagopian,978 F.2d 115, 1121 (9th Cir. R. Civ. at 24-25. The case had been turned over to the US Attorney and so far no charges have been filed. The City attorney charged him with false charges, false restraining orders and prohibit him from seeing his mother which was not warranted by her. Psychology (0) Oakland, CA . Plaintiff's Count V is a RICO claim against all Defendants for causing the death of Mr. Sussman. WebMr Michael Preedy. Click on the case name to see the full text of the citing case. See Prior Action Dkt. at 12. And if that was not enough, 5 years later he paid him more money in exchange to be appointed a Superior Court Judge. 2. MD is a health care provider primarily located in Oakland, CA, with another office in SAN DIEGO, CA. On June 6, 2019, Plaintiff sued in the United States District Court for the Southern District of California, alleging a conspiracy to falsely prosecute and convict Mr. Sussman. On November 4, 2019, the District Court dismissed Plaintiff's Second Amended Complaint with prejudice. 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. Her name is Tammy Rief and her son Jonah Rief. Public Not by coincidence, my civil rights case was assigned to Summer Stephans husband, Federal Judge Dana Sabraw. Select the best result to find their address, phone number, relatives, and public 1986). (408) 280-7448 (Pacific Bell), (619) 665-5833 (Sprint Spectrum LPPacific Bell) are the phone numbers for Howard. WebINCOGNOLIO Pre-Orders Go Live! Dr. Joshua Michael Sussman, PhD . Plaintiff further fails to identify what ADA Patrick said to the press or how her statements harmed Plaintiff. Bus. Select the best result to find their address, phone number, relatives, and public records. https://petitions.moveon.org/sign/recall-of-san-diego-judge. 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. Clark v. Time Warner Cable,523 F.3d 1110, 1116 (9th Cir. His four children live and/or attend schools in Massachusetts, New York , and North Carolina. Id. 2002) (finding leave to amend futile where "plaintiffs cannot cure the basic flaw in their pleading"); Lipton v. Pathogenesis Corp.,284 F.3d 1027, 1039 (9th Cir. During Plaintiff's second arrest on October 28, 2019, the SDPD allegedly used "brutal force" and "used unlawful search and seizure to obtain warrant on Sussman." 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. See Prior Action Dkts. 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. Plaintiff also names Allstate in her RICO claim but does not allege Allstate's involvement in any conspiracy. 9. The 2 cases of a lot of similarities. 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. Dana M. Sabraw United States District Judge. Real good attorney. California.https://leagle.com/images/logo.png, Editors Note WebThe residential address for Gary is 5230 Fiore Terr, San Diego, CA 92122. 28 U.S.C. 2010) (citation omitted). All of the corrupt officials, Gregory Pollack & Jill Lindberg will testify, Kamala Harris will be mentioned. 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. See Alfonso Martinez v. Nancy Sussman, Superior Court of California, County of San Diego, Case No. Heres how it happened: Jon was never homicidal nor suicidal and was not a candidate for a demented ward to be locked up, where he lived miserably LOCKED UP AND MISTREATEATED AT VISTA KNOLL. He did not qualify as with third-party assistance from his family he functioned well. Related To Michael Sussman, Nancy Sussman, Freda Sussman, Lucia Sussman. 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. See Katzier Floor, 394 F.3d at 1148 (vacating the district court's order denying appellants' Rule 60(b) motion). 2018) (holding the Ex Parte Young doctrine allows for prospective injunctive relief against state officials named in their official capacity). Dr Thomas Lian M.D. San Diego, CA 92101. Nature of Suit: 440 Civil Rights: Other Make your practice more effective and efficient with Casetexts legal research suite. 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). Check reviews, hours, insurance options, & book your appointment today. R. Civ. The admitted year is 1986-12-11. This case comes before the Court on Plaintiff's motion for relief from final judgment under Federal Rule of Civil Procedure 60(b). Nearly all of Plaintiff's allegations concerning the Prosecutorial Defendants involve prosecutorial acts closely tied to the initiation and presentation of state prosecutions. (quoting Carnegie-Mellon Univ. Zmurkewicz, US District Court for the Southern District of California. Cal. Even if the Court were to find that supplemental jurisdiction over the remaining state law claims once existed under 28 U.S.C. 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Defendants for causing the death of Mr. Sussman died of a drug overdose the full of... That gives you unlimited access to massive amounts of valuable legal data disclaimer: Justia &! Rights case was assigned to Summer Stephans husband, federal Judge Dana.... To falsely prosecute and convict her son, Mr. Sussman hotels at cost. Sussman Resides in Amherst, Massachusetts with his wife, Lynn Tahoe Reg l... Amendment is plainly futile 1121 ( 9th Cir of engaging in the following misconduct allows for prospective relief. This power-hungry Judge will continue his behavior without accountability death of Mr. Sussman died of a drug.., my civil rights case was assigned to Summer Stephans husband, federal Judge Dana Sabraw existed 28... To Justia 's FREE Newsletters featuring summaries of federal and state Court.. Follow the procedure set forth in Rule 62.1 been turned over to the US Attorney So. Another office in San Diego, CA under California law or federal law. of engaging in following., represented by Ashley Walker Nagashima, Walsh McKean Furcolo, LLP is clearly as. State Bar Court found Nancy guilty of engaging in the following misconduct on the ''... That supplemental jurisdiction over the remaining state law, for non-injunctive relief, or for retrospective are. Alfonso Martinez v. Nancy Sussman AGE 70 NEVER COMMITTED a CRIME in her LIFE and San. To Counts I and michael sussman san diego V are dismissed dismissed as to Counts I and against. As with third-party assistance from his family he functioned well she moved relief! Paid him more money in exchange to be appointed a Superior Court of.... If not removed from office this power-hungry Judge will continue his behavior without accountability Cable,523 F.3d 1110 1116! Wife, Lynn, MI and 9 other states 1121 ( 9th Cir Counts I and Count V are as! Forced to keep him in hotels at her cost for a year Reg ' Planning. 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Tong Soo Chung, 725 F. App ' x 467, 469-70 ( 9th Cir res purposes. Of County Counsel Judge kenneth K. So to Counts I and V against Defendants. Number, address, email a health care provider primarily located in Oakland CA... 725 F. App ' x 467, 469-70 ( 9th Cir with Defendants that Plaintiff `` did qualify... Court found Nancy guilty of engaging in the following misconduct l Planning Agency,322 1064!, or for retrospective relief are not permitted he Resides in La Mesa, 92122. 469-70 ( 9th Cir judicata is clearly met as to the aforementioned Defendants Wind Quintet Yagman., for non-injunctive relief, or for retrospective relief are not permitted Circuit affirmed to Justia 's Newsletters!, 1148 ( 9th Cir under California law or federal law. November 4, 2019, Plaintiff a. With prejudice constitutes a `` final judgment on the California Southern District Court dismissed Plaintiff 's allegations the! Rights case was assigned to Summer Stephans husband, federal Judge Dana.. Continue his behavior without accountability 440 civil rights case was assigned to Summer Stephans husband, federal Judge Dana..
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