Michael Pancer, Defendant, represented by Charles R. Grebing , Wingert Grebing Brubaker & Juskie LLP & Mallory Holt , Wingert Grebing Brubaker & Juskie LLP. Dr Thomas Lian M.D. Bell Atlantic Corp. v. Twombly,550 U.S. 544, 555 & n.3 (2007) (citations omitted). 1367(a). R. Civ. 1983; United States v. Kama,394 F.3d 1236, 1239-40 (9th Cir. San Diego, CA. Katzir Floor & Home Designs, Inc. v. M-MLS.com,394 F.3d 1143, 1148 (9th Cir. al., defendants. v. Cohill,484 U.S. 343, 350 n.7 (1988), superseded on other grounds by statute as recognized in Fent v. Okla. Water Res. Proc. 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). They put him in 3 different rehab facilities, after the completion of the court-ordered drug rehab they recommended that he return home. Hon. Public Thus, the Court does not have personal jurisdiction over the SDPD Officers, and the claims against them are dismissed. ECF No. The factual and procedural background of this case is set out in detail in the Court's order granting Defendants' motion to dismiss Plaintiff's Second Amended Complaint ("SAC"). It's Time to Take Action and Fight Back Against San Diegos Corrupt Judicial System, which caused the covert murder of Michael Sussman. by Michael in Books, Incognolio, Uncategorized, Writing Tags: Amazon, Contest, Free Book, INCOGNOLIO, Kindle Scout, Novel, Publishing Contract. Shortly after being released from jail, Mr. Sussman died of a drug overdose. Unravel the mystery of Incognolio or go mad! Dr. Joshua Michael Sussman, PhD . 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. Since then, Summer Stephan and her minion Wendy Patrick has charged Nancy Sussman with 5 felonies and 3 misdemeanors for retaliation, to get her to keep quiet. WebMs Sussman represented me in a truck auto accident. Plaintiff does not specify the dates or circumstances of her confinement but appears to suggest that she was wrongfully confined to the psychiatric unit without her consent. A "pattern of racketeering activity" requires at least two predicate acts. P. 8(a)(2). WebHenry was born on October 24, 1917 and passed away on Friday, April 3, 2009.. Henry was a resident of San Diego, California. Join Facebook to connect with Michael Sussman and others you may know. Michael Sussman, at age 24, was murdered on December 21, 2018. 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. Judge Sabraw, who presided over the Prior Action, dismissed Plaintiff's second amended complaint with prejudice on at 24-25. United States District Court, S.D. Listed below are those cases in which this Featured Case is cited. We know that Adam's political affiliation is unknown; ethnicity is Caucasian; and religious views are listed as unknown. Click on the case name to see the full text of the citing case. When the mother was able to get him out on bail he died mysteriously 2 days later. v. Plaintiff further fails to identify what ADA Patrick said to the press or how her statements harmed Plaintiff. Id. 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." San Diego, USA. 2004) (holding that the filing of a notice of appeal strips the district court of jurisdiction over the Rule 60(b) motion). The address is 4720 Lincoln Blvd 2nd Fl, Marina Del Rey, CA 90292. Dittman, 91 F.3d at 1025-26. Thus, Plaintiff's remaining claims are dismissed. Plaintiff purportedly was only allowed to leave the psychiatric hospital after Dr. Bhatia fraudulently "orchestrated a pretend hearing." View their profile including current address, background check reports, and property record on Whitepages, the most This resulted in the physiological torture of the entire Sussman family. SAC at 28-30. 73, 76, 78, 80-81, 83-86, 89-90]. Research Excellence Prize. She is known for being a courtroom whistleblower and who will take corrupt officials tries to hold them accountable. Mark Sussman. SAN DIEGO (KGTV) -- New details about the high speed chase that backed up traffic on Interstate 5 in La Jolla last week. Today, the driver faced a judge. Nancy Sussman is no stranger to the courthouse. Usually, shes representing her clients, but this time shes defending herself against criminal charges that could send her to prison. Clark v. Time Warner Cable,523 F.3d 1110, 1116 (9th Cir. Shortly after being released from jail, Mr. Sussman died of a drug overdose. Queen Mary University of London. WebFind the Best Psychologists in San Francisco. 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. 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). He was beaten, falsely imprisoned, and harassed for two years before it consumed him. WebMichael's Law. 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." He is the Principal Clarinetist of the Springfield (MA) Symphony Orchestra, and has served as Principal Clarinetist with the orchestras of the Bolshoi Ballet, Orpheus Chamber Orchestra, Royal Ballet, Stuttgart Ballet, DOyly Carte Opera, West Australian Symphony Orchestra, Australian Opera, Australian Ballet, Teton Festival Orchestra, Radio City Music Hall Orchestra, Handel and Haydn Society, Brooklyn Philharmonic, the Goldman Band, the New Hampshire Symphony, and the Monadnock Music Festival. 1367(c). State Bar Hearing is pending on the 23rd and the 24th of February. Nancy Sussman, et al. Plaintiff further claims that Defendant City Attorney Elliot committed abuse of process by "filing a felony restraining order against Sussman using false document provided to her by the District Attorney." The case involved his wife Summer Stephans and was against their friend and endorsers. P. 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. Moreover, as discussed above, Plaintiff's Count I and V based on the conspiracy against her son are barred by res judicata, making amendment futile, and thus Counts I and V are dismissed with prejudice. 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. Diaz v. Gates,420 F.3d 897, 899-900 (9th Cir. In determining whether to exercise supplemental jurisdiction, the Court examines whether the federal and state law claims "derive from a common nucleus of operative fact[s] such that [a plaintiff] would ordinarily be expected to try them all in one judicial proceeding." 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. WebFind contact info for Elizabeth Sussman - phone number, address, email. Michael McCabe, Defendant, represented by Craig Joseph Leff , Law Offices of Craig Joseph Leff. Their names are Carolyn Enders, Joshua Olsen, and 100 others. Id. 18 U.S.C. Buried Here. Listed below are those cases in which this Featured Case is cited. John D Kirby, Defendant, represented by Ashley Walker Nagashima , Walsh McKean Furcolo, LLP. Cal. Her attorney also colluded with the Judge. Unrelated to those claims concerning her son, Plaintiff also alleges that Defendant Alfonso Martinez submitted a false police report in 2019 that Plaintiff threatened him. We are here to give Michael a voice. Plaintiff's allegations against the Prosecutorial Defendants appear to center around the prosecution of Mr. Sussman. Lastly, the SDPD is an improperly named Defendant and Plaintiff's 1983 claims against it cannot be cured by any restatement of the facts. According to Plaintiff, ADA Patrick participated in these events, although her role is not specified. We have a picture. Get the latest business insights from Dun & Bradstreet. Clarinetist Michael Sussman has appeared as orchestra principal, soloist, or recitalist throughout the U.S., and has concertized in 32 countries on four continents. Plaintiff's remaining claims are dismissed without prejudice because amendment would not be clearly futile at this juncture. Includes Address(5) Phone(2) Email(1) See Results. This docket was last retrieved on November 22, 2019. Yagman v. Garcetti,852 F.3d 859, 867 (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. First, Plaintiff's claims against the Judicial Defendants are absolutely barred by judicial immunity, and thus Plaintiff cannot cure her claims as to them. Plaintiff apparently served the SDPD Officersincluding City Attorney Jeff Jordon, erroneously sued as Officer Jordan of the SDPD by leaving copies at the SDPD with an Officer "McAndrew." 1986). 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. A prosecutor is immune even when the prosecutor's malicious or dishonest action deprived defendant of his or her liberty. Id. Each of these acts involves Defendants DA Stephan, ADA Patrick, Elliot, and Scott initiating prosecutions and presenting the state's case in court. Their specialties View Profile . For the reasons set out above, the Court denies Plaintiff's Rule 60(b) motion for lack of jurisdiction. Plaintiff states that she was in a car accident on August 17, 2019, that resulted from the other driver's negligence. 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. 415.20. Iqbal, 556 U.S. at 678 (citing Twombly, 550 U.S. at 556). For the reasons discussed below, the Court denies Plaintiff's motion. Id. When they were timely. at 18. Code Civ. If you are thinking of hiring Sussman & Katz, Inc, we recommend double-checking their license status with the license board and using our bidding system to get competitive quotes. For the reasons stated below, the Court grants Defendants' motions to dismiss. ECF No. Id. Facebook gives people the power to share and makes the world For the reasons stated below, Plaintiff's claims against the SDPD Defendants are dismissed. Refine Your Search Results All Filters. Applicable Law: 42 U.S.C. 2005) (affirming dismissal with prejudice on res judicata grounds); Strand v. Gov't of U.S.,846 F.2d 1383, at *2 (9th Cir. Five days later, Plaintiff moved for relief from judgment under Rule 60(b), arguing the Court's order is "based upon fraud or mistake." 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. Id. 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. 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. IT IS SO ORDERED. Therefore, except for Plaintiff's foregoing claim against ADA Patrick, the Judicial Defendants, the Prosecutorial Defendants, and the SDPD are dismissed with prejudice. 1961(4). Defendant: Francisco Martinez, San Diego Police Dept., US Border Patrol, Jennifer Simone, Ryan Scott, On November 14, 2019, Plaintiff, proceeding pro se, filed a timely Notice of Appeal of the Court's order granting Defendants' motion to dismiss. WebThe residential address for Gary is 5230 Fiore Terr, San Diego, CA 92122. 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. California. Id. Newcal Indus., Inc. v. Ikon Office Solution,513 F.3d 1038, 1055 (9th Cir. A dismissal with prejudice constitutes a "final judgment on the merits" for res judicata purposes. Furthermore, Sussman reported Judge So and Judge Pollack to the commission. 2005) (holding that plaintiff cannot recover under RICO based upon allegations of false imprisonment); Lauter v. Anoufrieva,642 F.Supp. United States District Court, S.D. 1060, 1085-86 (C.D. He died as a result of the prescription of drugs by Anders Holthaus. Check reviews, hours, insurance options, & book your appointment today. Plaintiff alleges DA Stephan arrested Plaintiff in 2019, on the false charge of criminally threatening Defendant Alfonso Martinez to improperly influence the outcome of the Prior Action. As we speak (ca. Amendment would therefore be futile and only prolong the litigation. 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. 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. The CBRN also allegedly wrongfully relied on defamatory complaints about Plaintiff in revoking Plaintiff's license. Previously cities included San Diego CA and Los Angeles CA. Dkt. 2009) (holding that deprivation of constitutional rights is not compensable under RICO). WebMr Michael Preedy. R. Civ. Use tab to navigate through the menu items. After the dismissal of her Prior Action, Plaintiff filed the instant action on June 15, 2020. She worked vigorously against a crooked judge to obtain for me a massive settlement. Lund v. Cowan,5 F.4th 964, 969 (9th Cir. 2004). Check out the latest pictures, photos and images of Michael Sussman from 2018. at 30-33. Dr. Sussman was recently selected by the American Heart Association's Basic Cardiovascular Science division to receive this year's Distinguished Achievement Award. As such, the Court finds an identity of claims between the two actions, and the first element is met. 1983cv Henry R Sussman Resides in La Mesa, CA. Plaintiff does not further clarify the contours of this alleged conspiracy. 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. 2004) (holding that the filing of a notice of appeal strips the district court of jurisdiction over the Rule 60(b) motion). 1999) (state's consent must be unequivocal and express); Doe v. Regents of the Univ. Support the Sussman's. Id. WebLaunching 30-Day Kindle Scout Campaign! Based on this, Plaintiff brings state law claims of false imprisonment, fraud, and deceit against Paradise and Dr. Bhatia (Count IX). Pro se complaints are "held to less stringent standards than formal pleadings drafted by lawyers." Unless your office reviews Sheriff Stein's material and the Coroner's autopsy, pictures, and witness statements you cannot decline a case referred. 2014) ("To show the existence of an enterprise under the second element, plaintiffs must plead that the enterprise has (A) a common purpose, (B) a structure or organization, and (C) longevity necessary to accomplish the purpose."). of Contra Costa, 2013 WL 5946112 at *3 (N.D. Cal. Riggs v. Jud. Jun 2022 - Present9 months. Id. She hired 3 attorneys who colluded with the City Attorneys' office. Plaintiff does not further elaborate on the SDPD Defendants' role in any conspiracy. "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." San Diego, CA 92101. 4." SAN DIEGO POLICE DEPARTMENT, et al., Defendants. of Registered Nursing, 2019 WL 1082445, at *2 (S.D. WebRecord for Freda Sussman 1922 - 2008 in El Camino Memorial Park, San Diego, San Diego, California, United States from BillionGraves GPS Headstones. Join Facebook to connect with Michael Sussman and others you may know. Judge Kenneth So wrongfully convicted Michael for crimes he did not commit by not allowing the public to view jury selection, had bailiff beat up Nancy Sussman, changed jury instructions, deleted favorable evidence, sent a fine young man to George Bailey prison for a period of 2 years or he could live in a hotel forever. Very caring person. 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. Research the case of Sussman et al v. San Diego Police Dept. Identity of claims exists "when two suits arise from `the same transactional nucleus of facts.'" "Racketeering activity" is any act indictable under the several provisions of Title 18 of the United States Code. WHEN MY BROTHER DIED HE WEIGHED 70 POUNDS AND HAD A 5'11 FRAME. at 25-27. 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 1993, he paid Governor Pete Wilson $1200 to be placed as a municipal court judge. V. San Diego POLICE Dept car accident on August 17, 2019 WL 1082445, at age 24 was. 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