Diaz v. Gates,420 F.3d 897, 899-900 (9th Cir. 2,500 likes. The Court finds that certain of Plaintiff's claims must be dismissed with prejudice. Plaintiff's remaining claims are dismissed without prejudice because amendment would not be clearly futile at this juncture. 31 Mar 2017 Leave a Comment. To properly serve the Defendants, Plaintiff needed to comply with Fed. They may think they have won the battle, but we are here to fight the war. WebHe is a recipient of European Research Council Grants. We are here to give Michael a voice. And if that was not enough, 5 years later he paid him more money in exchange to be appointed a Superior Court Judge. 2017) (holding that unspecified civil rights violations and conclusory references to mail fraud do not constitute predicate acts). 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. Not by coincidence, my civil rights case was assigned to Summer Stephans husband, Federal Judge Dana Sabraw. She is known for being a courtroom whistleblower and who will take corrupt officials tries to hold them accountable. Id. 05 Aug 2017 Leave a Comment. 28 U.S.C. 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. It will be sent to The California State House, The California State Senate, and 3 others. Cal. His mother files a civil rights lawsuit for the corruption that went on between judge Pollack and Judge So, which was amazingly similar to the Rief case. Click the citation to see the full text of the cited case. Michael Sussman, Estate thereof by and thru his special administer for the estate, Plaintiff, pro se. 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." 1367(c); Sanford v. Member Works, Inc.,625 F.3d 550, 561 (9th Cir. Finally, the third element of res judicata is met with regard to Defendants the SDPD, City Attorney Elliot, former Deputy City Attorney Scott, Alfonso Martinez, and Judge So, because they were also defendants to the conspiracy claims surrounding Plaintiff's son in the Prior Action. 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. (quoting Carnegie-Mellon Univ. Clark v. Time Warner Cable,523 F.3d 1110, 1116 (9th Cir. 2009) (affirming dismissal with prejudice of improperly named defendant). The address is 4720 Lincoln Blvd 2nd Fl, Marina Del Rey, CA 90292. Id. For the reasons discussed below, the Court denies Plaintiff's motion. SAC at 4, 12-15, 23. 1367(c); Mendoza v. Zirkle Fruit Co.,301 F.3d 1163, 1174 (9th Cir. 102 persons linked to this address. For the reasons set out above, the Court denies Plaintiff's Rule 60(b) motion for lack of jurisdiction. 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. We know that Adam's political affiliation is unknown; ethnicity is Caucasian; and religious views are listed as unknown. When a Rule 60(b) motion is filed in district court after a notice of appeal has been filed, the district court lacks jurisdiction to entertain the motion. Lawrence v. Krahne, 698 F. App'x 504, 504 (9th Cir. His mother, Nancy Sussman, is an Attorney that specializes in medical malpractice. P. 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. Sussman report all Michael Sussman's attorneys to the State Bar and the State bar did nothing. Thus, the third element of res judicata is clearly met as to Counts I and V against these Defendants. 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. R. Civ. "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." Access this case on the California Southern District Court's Electronic Court Filings (ECF) System. Distinguished Investigator. The Court, therefore, lacks jurisdiction to entertain Plaintiff's motion and it is accordingly denied. 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 subscription to PACER is required. WebMichael Sussman is on Facebook. In 1993, he paid Governor Pete Wilson $1200 to be placed as a municipal court judge. As we speak (ca. 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. STAY TUNED!!! First, Plaintiff's claims against the Judicial Defendants are absolutely barred by judicial immunity, and thus Plaintiff cannot cure her claims as to them. 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." 1917 - 2009. 19cv1063 DMS (JLB) (the "Prior Action"). California. 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. 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." Click here to return to the original record page layout. 1986). Co., 790 F.2d 769, 772 (9th Cir. MD is a health care provider primarily located in Oakland, CA, with another office in SAN DIEGO, CA. 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. 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 Thus, the Court does not have personal jurisdiction over the SDPD Officers, and the claims against them are dismissed. On November 14, 2019, Plaintiff, proceeding pro se, filed a timely Notice of Appeal of the Court's order granting Defendants' motion to dismiss. Michael Sussman was a victim of retaliation. 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. Prosecutorial immunity shields prosecutors from civil damages suits premised upon acts committed within the scope of their official duties which are "intimately associated with the judicial phase of the criminal process." 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. Fed. If not removed from office this power-hungry Judge will continue his behavior without accountability. Here, Plaintiff does not allege either the CBRN or the DMV has consented to suit. 2008). See Prior Action Dkt. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. at 15-16. Check out the latest pictures, photos and images of Michael Sussman from 2018. Find Reviews, Ratings, Directions, Business Hours, Contact Information and book online appointment. Therefore, these acts cannot form a basis for liability. WebLisa Ann Sussman (Reigstration# 124989) is an attorney registered with State Bar of California. SAC at 4. NANCY SUSSMAN, MICHAEL SUSSMAN ESTATE THEREOF BY AND THRU HIS SPECIAL ADMINISTER FOR THE ESTATE, Plaintiff, To state a claim for a RICO violation, a plaintiff must allege: "(1) conduct (2) of an enterprise (3) through a pattern (4) of racketeering activity." Yagman v. Garcetti,852 F.3d 859, 867 (9th Cir. 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. Nor does Plaintiff identify any predicate acts, let alone a pattern of racketeering activity. 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. Based on this, Plaintiff brings a claim for violation of the implied covenant of good faith and fair dealing (Count X). Michael Sussman was only 24 years old, Jonah Rief was only 4 years old when put into intentional sex trafficking by Judge So. Their names are Carolyn Enders, Joshua Olsen, and 100 others. R. Civ. 4." Mar. 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. Fed. Riggs v. Jud. She hired 3 attorneys who colluded with the City Attorneys' office. WebMr. Cal. of Registered Nursing, 2019 WL 1082445, at *2 (S.D. Buried Here. Id. She and her husband together create a conflict of interest, Judge Dana Sabraw has a paper trail to the federal bench. 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 102 persons linked to this address. 4, 12-13, 23. Plaintiff purportedly was only allowed to leave the psychiatric hospital after Dr. Bhatia fraudulently "orchestrated a pretend hearing." SAN DIEGO POLICE DEPARTMENT, et. California. Plaintiff's remaining state law claims are dismissed for lack of supplemental jurisdiction. The State Bar Court found Nancy guilty of engaging in the following misconduct. WebHenry Sussman may also have lived outside of San Diego, such as El Cajon and La Mesa. Plaintiff's Prior Action seeking redress for the death of her son was dismissed with prejudice and affirmed on appeal, satisfying the second element. 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. Unravel the mystery of Incognolio or go mad! 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. 2018) (holding the Ex Parte Young doctrine allows for prospective injunctive relief against state officials named in their official capacity). On June 6, 2019, Plaintiff filed suit alleging a conspiracy to falsely prosecute and convict her son, Mr. Sussman. 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. Id. Accordingly, Plaintiff's claim against ADA Patrick based on her statements to the press is dismissed. See Prior Action Dkts. 76 at 9 (same). 2004). 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. WebAdam Sussmanwas born on 02/23/1972 and is 50 years old. 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. 330 WEST BROADWAY WebFind contact info for Elizabeth Sussman - phone number, address, email. at 15. Dr. Joshua Michael Sussman, PhD . Research Excellence Prize. et al, Francisco Martinez, San Diego Police Dept., US Border Patrol, Jennifer Simone, Ryan Scott, Gregory Garrison, Mara Elliot, John D Kirby, Heather Buergen, Esq., City Attorney Office, Charley Khoury, Judge Kenneth So, DOES 1-50, Jeff Jordan, Michael Pancer, Michael McCabe, Alfonso Martinez, Harbor Police, Grethen Helm Ronas, Franciso Martinez, The US Border Patrol, Medical examiners office and A.P. P. 4(e) and a file a separate proof of service as to each Defendant to demonstrate compliance. His mother was able to get him out on appeal. In contrast, Plaintiff's state law claims are based on an array of discrete events, including (1) Allstate's alleged bad faith settlement of a car accident, (2) Paradise's and Dr. Bhatia's alleged confinement of Plaintiff to a psychiatric award, (3) Joel and Mary Johnson's and Alfonso and Esperanza Martinez's alleged interference with Plaintiff's nursing license, and (4) CHP Officer Parra's false arrest of Plaintiff. Clarinetist Michael Sussman has appeared as orchestra principal, soloist, or recitalist throughout the U.S., and has concertized in 32 countries on four continents. 2003). Plaintiff claims that Defendants committed multiple illegal acts over the past ten years, ranging from "Satanic Jury trials" to "causing the death of Michael Sussman." 2004) (holding that the filing of a notice of appeal strips the district court of jurisdiction over the Rule 60(b) motion). 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. 1986). Sussman's are being ostracized. Source: PACER. WebLisa Ann Sussman (Reigstration# 124989) is an attorney registered with State Bar of California. 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. "Racketeering activity" is any act indictable under the several provisions of Title 18 of the United States Code. 2010) (citation omitted). The Court, therefore, lacks jurisdiction to entertain Plaintiff's motion and it is accordingly denied. Bd.,235 F.3d 553, 557 (10th Cir. WebMichael Sussman. 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. 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