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. 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. The case had been turned over to the US Attorney and so far no charges have been filed. "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." 2008). WebLisa Ann Sussman (Reigstration# 124989) is an attorney registered with State Bar of California. Id. 70 (the "SAC"). WebUC San Diego Health. On November 14, 2019, Plaintiff, proceeding pro se, filed a timely Notice of Appeal of the Court's order granting Defendants' motion to dismiss. 1983cv Civil Rights Act - Civil Action for Deprivation of Rights Check reviews, hours, insurance options, & book your appointment today. 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 deciding whether to exercise supplemental jurisdiction, the court should consider the interests of judicial economy, convenience, fairness, and comity. nancy sussman, michael sussman estate thereof by and thru his special administer for the estate, plaintiff, v. san diego police department, et. Id. Plaintiff's Count V is a RICO claim against all Defendants for causing the death of Mr. Sussman. Here, Plaintiff does not allege either the CBRN or the DMV has consented to suit. Psychology (0) Oakland, CA . Id. ), amended on denial of reh'g, 716 F. App'x 635 (9th Cir. al., defendants. Support Nancy Sussman in her endeavor to expose the truth. Select the best result to find their address, phone number, relatives, and public Id. 118 at 1. 19cv1063-DMS-JLB (the "Prior Action"). Even if the Court were to find that supplemental jurisdiction over the remaining state law claims once existed under 28 U.S.C. 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. He is a current member of the Avanti Wind Quintet. WARNING: SCRIPPS MERCY HOSPITAL MISTREATS PSYCHIATRIC PATIENTS WHO ARE ELDERLY WITH POOR PAYING INSURANCE. 1961(1). 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. at 7-8, 14-16. 1367(c); Mendoza v. Zirkle Fruit Co.,301 F.3d 1163, 1174 (9th Cir. Council, Inc. v. Tahoe Reg'l Planning Agency,322 F.3d 1064, 1077 (9th Cir. Dated: November 22, 2019, Case No. 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. 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"). 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 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. Bell Atlantic Corp. v. Twombly,550 U.S. 544, 555 & n.3 (2007) (citations omitted). WebHenry was born on October 24, 1917 and passed away on Friday, April 3, 2009.. Henry was a resident of San Diego, California. 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 further fails to identify what ADA Patrick said to the press or how her statements harmed Plaintiff. She really beats up on the bad insurance companies. 05 Aug 2017 Leave a Comment. Utilities Comm'n,67 F.3d 1470, 1477 (9th Cir. of Registered Nursing, 2019 WL 1082445, at *2 (S.D. In fact, both agencies have specifically denied consenting to suit in moving to dismiss the SAC. Please call Dr. Sussman for further information or to set up a screening interview. WE NEED DOCTOR LIKE LIAN AND PHILLIPS TO HAVE THEIR MEDICAL LICENSE REMOVED. Id. Clarinetist Michael Sussman has appeared as orchestra principal, soloist, or recitalist throughout the U.S., and has concertized in 32 countries on four continents. 415.20. A subscription to PACER is required. Accordingly, Plaintiff's Counts XI and XIII against the CBRN and the DMV are dismissed. Nancy Sussman has no intention of being quiet, Summer Stephan has no place being DA of San Diego. at 7. They may think they have won the battle, but we are here to fight the war. Nov. 5, 2013) (noting that outside of the Monell exception, "sub-departments or bureaus of municipalities, such as the police departments, are not generally considered `persons' within the meaning of 1983."). He did not qualify as with third-party assistance from his family he functioned well. 2001). (quoting Carnegie-Mellon Univ. Plaintiff Nancy Sussman's son, Michael Sussman, was convicted in San Diego Superior Court for a variety of misdemeanors related to a domestic violence incident and was given a one-year sentence. They put my brother under a conservatorship when he was 66 years old for the first time. It is well settled that the "filing of a notice of appeal divests the district court of jurisdiction." Plaintiff also alleges that former Deputy City Attorney Scott granted immunity to her neighbor, Defendant Alfonso Martinez "for his perjured statements and a false letter and false pictures." contact me and Sheriff Stein immediately. On November 4, 2019, the District Court dismissed Plaintiff's Second Amended Complaint with prejudice. Plaintiff does not specify, however, what evidence was fabricated, what testimony was false, nor the court hearing at which testimony took place. WebMichael's Law. February 2022), Nancy will resume her so-called brand of law at 5823 Lomond Drive in San Diego, California in late January 2025. For these reasons, Plaintiff's RICO claim is dismissed. A pro se plaintiff's complaint must be construed liberally to determine whether a claim has been stated. at 30-33. After the first suspension, Plaintiff "demanded of the DMV the suspension be removed it was not." For the reasons set out above, the Court denies Plaintiff's Rule 60(b) motion for lack of jurisdiction. These are some of the names: World Automotive Financial Services,inc and Lavi International Corporation,. Judge Sabraw refused to recuse himself and after 6 months and 30 motions to dismiss he dismissed the lawsuit. Deputy Editors Professor Charalambos Antoniades, MD PhD FESC Use tab to navigate through the menu items. 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. The tragedy of Jonah Rief will be discussed, testified to, including the involvement of Kamala Harris. 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. 2010) (citation omitted). 1961(4). Thus, Plaintiff's remaining claims are dismissed. 73, 76, 78, 80-81, 83-86, 89-90]. Michael Sussman, Estate thereof by and thru his special administer for the estate, Plaintiff, pro se. 3:2020cv01085 - Document 139 (S.D. | BillionGraves. SAN DIEGO POLICE DEPARTMENT, et. Bd.,235 F.3d 553, 557 (10th Cir. 1997). Listen in! WebBetty Sussman We found 11 records for Betty Sussman in CA, NY and 6 other states. Nov. 22, 2019). 2005) (affirming dismissal with prejudice on res judicata grounds); Strand v. Gov't of U.S.,846 F.2d 1383, at *2 (9th Cir. For the reasons discussed below, the Court denies Plaintiff's motion. Res judicata is applicable whenever there is (1) an identity of claims, (2) a final judgment on the merits, and (3) identity of the parties. Research Excellence Prize. Plaintiff also failed to follow the procedure set forth in Rule 62.1. Criminal etc, in essence defaming Sussman," which caused Plaintiff to lose her nursing license. Plaintiff names four of her neighbors as Defendants: Alfonso and Esperanza Martinez and Joel and Mary Johnson. 1999) (noting judicial immunity bars claims that judge conspired with others to render an adverse ruling). 9. Code Civ. NANCY SUSSMAN and MICHAEL SUSSMAN, Plaintiffs, v. SAN DIEGO POLICE DEPARTMENT, et al., Defendants. See Dkt. 2005) (holding that plaintiff cannot recover under RICO based upon allegations of false imprisonment); Lauter v. Anoufrieva,642 F.Supp. Michael was charged with bogus misdemeanor's by the City attorneys office. Kenneth So was the same Judge who charged a mother from Alabama with kidnapping her own child. Cause: 42 U.S.C. United States District Court, S.D. Bus. Nancy Sussman, et al. Related To Michael Sussman, Nancy Sussman, Freda Sussman, Lucia Sussman. See Section III.A-B supra; 28 U.S.C. 37-2016-00045136-CU-HRCTL; SAC at 6, 9, 16-17. In the Prior Action, the purported conspirators included Judge Kenneth So, the San Diego Police Department (the "SDPD"), the San Diego City Attorney's Office (the "City Attorney's Office"), City Attorney Mara Elliot, former Deputy City Attorney Ryan Scott, Lieutenant Jeff Jordon, and Alfonso Martinez, among other defendants. Sussman's are being ostracized. 2004). Id. Clark v. Time Warner Cable,523 F.3d 1110, 1116 (9th Cir. WebMr. 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. 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. On September 15, 2020, the Ninth Circuit affirmed. Jun 2022 - Present9 months. Plaintiff: Nancy Sussman and Michael Sussman. R. Civ. 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. 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 brings claims against the SDPD and certain individually named SDPD Officers (the "SDPD Defendants") as members of an alleged conspiracy to prosecute Mr. Sussman. at 14-15, 18-19. et al, from the S.D. "Racketeering activity" is any act indictable under the several provisions of Title 18 of the United States Code. A more recent docket listing This was clearly a major conflict of interest, to say the least. The coroner's office has I fear identified the body externally by the wrong description and refuse to provide identifying pictures. 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. (In the instant action, Plaintiff names additional Defendants to these conspiracy counts. 1992). 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. 28 U.S.C. "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." Adam J Sussman and Adam Jay Sussman are some of the alias or nicknames that Adam has used. 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. v. Pro se complaints are "held to less stringent standards than formal pleadings drafted by lawyers." 900 (2022). WebSamuel George Sussman View details Phone Numbers (760) nay - peek View phones View Details AGE 50s Brian Michael Sussman San Diego, CA (Point Loma Peninsula) Aliases Brian M Sossman Phone Number Address Background Report Addresses Famosa Blvd Apt B, San Diego, CA Famosa Blvd, San Diego, CA Rue Dorleans, San Diego, CA Plus Finally, with respect to former Deputy City Attorney Scott, Plaintiff primarily contends that he granted a witness immunity, and that the witness ultimately committed perjury. We have a picture. Id. 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. It is well settled that the "filing of a notice of appeal divests the district court of jurisdiction." Fed. Their specialties View Profile . Id. Dana M. Sabraw United States District 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. 2002). 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. Id. Michael was targeted by the SDPD, profiled with false charges false police reports. SAC at 20; see also Section III.B supra. Join Facebook to connect with Michael Sussman and others you may know. 110. 279 Fine Arts CenterUniversity of MassachusettsAmherst, MA 01003Tel:413-545-4776. Because all the Judicial Defendants' acts are judicial in nature, Plaintiffs claims against the Judicial Defendants are barred by both judicial immunity and Eleventh Amendment immunity.5. 1994 - 2018. 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. WebFind the Best Psychologists in San Francisco. P. 8(a)(2). My name is Nancy Sussman. Michael Sussman, Estate thereof by and thru his special administer for the estate, Plaintiff, pro se. Gov. 73, 76, 78, 80-81, 83-86, 89-90. Id. 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