United States District Court, S.D. 2010) (citation omitted). Because these allegations were litigated in the Prior Action, Counts I and V are barred by res judicata. Use the links below to access additional information about this case on the US Court's PACER system. Dr Thomas Lian M.D. Sussman et al v. San Diego Police Dept. Plaintiff also brings claims against the SDPD Defendants based on three arrests unrelated to Mr. Sussman's prosecution. Nancy Sussman has no intention of being quiet, Summer Stephan has no place being DA of San Diego. These events are wholly unrelated to the facts underlying the RICO claim, and thus, even reading Plaintiff's SAC liberally, there is no common nucleus of operative facts permitting supplemental jurisdiction. 1983cv 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. In the instant action, the second of two lawsuits she has filed in the Southern District of California, Plaintiff brings fourteen claims based in part on a conspiracy between Judges, attorneys, government organizations, and private parties to harm her and her son and violate their civil rights during the prosecution and conviction of Mr. Sussman. He was beaten, falsely imprisoned, and harassed for two years before it consumed him. Young Investigator. at 7. Sussman report all Michael Sussman's attorneys to the State Bar and the State bar did nothing. See Katzier Floor, 394 F.3d at 1148 (vacating the district court's order denying appellants' Rule 60(b) motion). Judge Kenneth So, Defendant, represented by Matthew L. Green , Best Best and Krieger LLP. Plaintiff also brings an abuse of process claim against Defendant Alfonso Martinez (Count II). Second, Plaintiff's claims against various SDPD Officers fail for insufficient service of process. Twombly, 550 U.S. at 570. 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." 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). 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. See Prior Action Dkt. 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 My novel, INCOGNOLIO, was accepted for the Kindle Scout contest and Im Hon. Thus, the third element of res judicata is clearly met as to Counts I and V against these Defendants. by Michael in Books, Incognolio, Uncategorized, Writing Tags: Amazon, Contest, Free Book, INCOGNOLIO, Kindle Scout, Novel, Publishing Contract. Plaintiff does not identify the statements that ADA Patrick made to the press. 279 Fine Arts CenterUniversity of MassachusettsAmherst, MA 01003Tel:413-545-4776. 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. WebMichael Sussman. Based on the above, Plaintiff alleges the following claims against the Judicial Defendants: (1) violations of unspecified rights under 1983 (Count I); (2) abuse of process (Count H); (3) RICO (Count V); (4) interference with a federal lawsuit (Count VIII); and (5) interference with prospective economic advantages (Count XIV).1. 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. Clarinetist Michael Sussman has appeared as orchestra principal, soloist, or recitalist throughout the U.S., and has concertized in 32 countries on four continents. Select the best result to find their address, phone number, relatives, and public Therefore, Plaintiff cannot pursue her 1983 claims against the SDPD and her claims against it are dismissed. P. 4(e) and a file a separate proof of service as to each Defendant to demonstrate compliance. The admitted year is 1986-12-11. 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. Nancy Sussman, et al. Jason Stein sheriff 619-708-3332. 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. His research focusses on vascular biology, hypertension, and clinical immunology. ECF No. Plaintiff's allegations against the Prosecutorial Defendants appear to center around the prosecution of Mr. Sussman. Lawrence v. Krahne, 698 F. App'x 504, 504 (9th Cir. Their specialties View Profile . The family is R. Civ. Id. SAC at 18. 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. For the reasons discussed below, the Court denies Plaintiff's motion. Includes Address(5) Phone(2) Email(1) See Results. She really beats up on the bad insurance companies. Michael was a kind, smart person who would give anyone the shirt off his back. Henry Sussman. San Diego Police Dept., Ryan Scott, Jeff Jordan, City Attorney 1992). Other than claiming that she was in fact innocent of having threatened Defendant Martinez, Plaintiff does not plead further detail. 1999); Sabatini v. California Bd. Incognolio will be released by Janx Ashelman v. Pope,793 F.2d 1072, 1075 (9th Cir. 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 company is Workers Compensation Appeals Board. Based on the foregoing, Plaintiff brings an unspecified claim against the CBRN, which the Court liberally construes as a claim brought under 1983 (Count XIII).3. 2005) (affirming dismissal with prejudice on res judicata grounds); Strand v. Gov't of U.S.,846 F.2d 1383, at *2 (9th Cir. The Court, therefore, lacks jurisdiction to entertain Plaintiff's motion and it is accordingly denied. Nevertheless, Plaintiff is on notice that the SAC does not provide a short and plain statement of claims or state a claim as required by Rules 8 and 12(b)(6). WebLisa Ann Sussman (Reigstration# 124989) is an attorney registered with State Bar of California. WebFind the Best Psychologists in San Francisco. Dkt. First, Plaintiff may not sue the SDPD under 1983 absent allegations of a policy or custom because the SDPD is a municipality, not a "person" as required by the statute. SAC at 9, 28-29. Lastly, the SDPD is an improperly named Defendant and Plaintiff's 1983 claims against it cannot be cured by any restatement of the facts. Tahoe-Sierra, 322 F.3d at 1078 (citation omitted). at 14-15. Council, Inc. v. Tahoe Reg'l Planning Agency,322 F.3d 1064, 1077 (9th Cir. Facebook gives people the power to share and makes the world 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. Gov. Accordingly, Plaintiff's Counts XI and XIII against the CBRN and the DMV are dismissed. 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. 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. 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. Ins. His four children live and/or attend schools in Massachusetts, New York , and North Carolina. at 14-15, 18-19. Thus, the Court does not have personal jurisdiction over the SDPD Officers, and the claims against them are dismissed. Id. 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. We know that Adam's political affiliation is unknown; ethnicity is Caucasian; and religious views are listed as unknown. United Mine Workers of Am. WebUC San Diego Health. Corruption at its finest in San Diego. 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. Id. Plaintiff names four of her neighbors as Defendants: Alfonso and Esperanza Martinez and Joel and Mary Johnson. Id. at 12. Plaintiff does not argue, nor can she, that the SDPD is not a municipality. Accordingly, Plaintiff's claim against ADA Patrick based on her statements to the press is dismissed. Shortly after being released from jail, Mr. Sussman died of a drug overdose. Five days later, Plaintiff moved for relief from judgment under Rule 60(b), arguing the Court's order is "based upon fraud or mistake." The company is Workers Compensation Appeals Board. 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. 2008) (citation omitted). 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. https://www.sandiegouniontribune.com/news/courts/story/2021-08-30/city-attorney-accuses-scripps-health-of-illegally-discharging-gravely-disabled-mentally-ill-patient, https://www.kusi.com/families-of-murdered-girls-sound-off-on-san-diego-countys-district-attorneys-race/ AND https://sandiegofreepress.org/2018/10/district-attorney-summer-stephan-must-apologize-to-san-diegos-jewish-community/#.YYr3a2DMKM8 AND http://www.recalldastephan.com/. 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. Id. Although the specifics of Plaintiff's allegations in both actions are difficult to discern, it is clear that Plaintiff's Prior Action arose out of the trial, conviction, and death of Mr. Sussman. Professor, Department of Music and Dance. Dittman, 91 F.3d at 1025-26. 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. Dana M. Sabraw United States District v. 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. 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." West v. Atkins,487 U.S. 42, 48 (1988) ("To state a claim under 1983, a plaintiff must allege the violation of a right secured by the Constitution").6 To the extent Plaintiff's claim arises under state tort law, Plaintiff has not pleaded compliance with the California Tort Claims Act. Id. View their profile including current address, background check reports, and property record on Whitepages, the most NANCY SUSSMAN and MICHAEL SUSSMAN, Plaintiffs, 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. Ashelman, 793 F.2d at 1075. Judges are "immune from damage actions for judicial acts taken within the jurisdiction of their courts." 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 128. Distinguished Investigator. 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. A former computer crimes prosecutor who worked for the Justice Department for 12 years, Mr. Sussmann in 2016 represented the Democratic National Committee on clarinet Id. 1367(c); Sanford v. Member Works, Inc.,625 F.3d 550, 561 (9th Cir. On November 4, 2019, the District Court dismissed Plaintiff's Second Amended Complaint with prejudice. Katzir Floor & Home Designs, Inc. v. M-MLS.com, 394 F.3d 1143, 1148 (9th Cir. Brockmeyer v. May,383 F.3d 798, 801 (9th Cir. Then, in 2020, she contends that the DMV knowingly suspended her license based on false police reports, despite her "excellent driving skills." The City attorney charged him with false charges, false restraining orders and prohibit him from seeing his mother which was not warranted by her. See Zichko v. Idaho,247 F.3d 1015, 1020 (9th Cir. 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. We have a picture. We know about ten companies registered at this address. 118 at 1. His main focus is on using translational approaches to understand disease pathology. Please call Dr. Sussman for further information or to set up a screening interview. 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). 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. Sussman is a Professor of Music at the University of Massachusetts in Amherst, with former students performing in such professional ensembles as the Singapore Michael Sussman was a victim of retaliation. Katzir Floor & Home Designs, Inc. v. M-MLS.com,394 F.3d 1143, 1148 (9th Cir. 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. 42 U.S.C. 1995) (noting that the CTCA requires "timely presentation of a written claim and [] rejection" and a "plaintiff must allege compliance or circumstances excusing compliance"). 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." They made his mother an involuntary victim against his son, his mother was forced to spend $350,000 to defend his son. 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's remaining claims are dismissed without prejudice because amendment would not be clearly futile at this juncture. Defendant: Francisco Martinez, San Diego Police Dept., US Border Patrol, Jennifer Simone, Ryan Scott, Newcal Indus., Inc. v. Ikon Office Solution,513 F.3d 1038, 1055 (9th Cir. 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. San Diego, USA. 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. The Court agrees with Defendants that Plaintiff "did not properly serve the individually named Defendants under California law or Federal law." The coroner's office has I fear identified the body externally by the wrong description and refuse to provide identifying pictures. The Defendants described below have moved to dismiss the claims against them. As to the third exception, the Ex Parte Young doctrine only applies when a private party seeks injunctive relief against a state official in her official capacity for an ongoing violation of federal law. at 15. Not by coincidence, my civil rights case was assigned to Summer Stephans husband, Federal Judge Dana Sabraw. A pro se plaintiff's complaint must be construed liberally to determine whether a claim has been stated. 102 persons linked to this address. at 18. 2006); see also Beard v. Sheet Metal Workers Union, Local 150,908 F.2d 474, 477 n.3 (9th Cir. 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. 1986). A prosecutor is immune even when the prosecutor's malicious or dishonest action deprived defendant of his or her liberty. v. Dismissal with prejudice is warranted where amendment would be futile because flaws in the claims cannot be cured. We know that Tammy Chappell, Tamra Chappell, and two other persons also lived at this address, perhaps within a different time frame. Lived in Corona CA | Mission Viejo CA Related to Michael Sussman | Aaron Sussman | Beth Weinstein | Dana Weinstein | Danielle Sussman. at 31-32. Nancy Sussman, et al. A subscription to PACER is required. at 12-16. San Diego County, California, United States. 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. 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