Jan. 12, 2021) (collecting cases). I have not worked since. Eclectic Properties E., LLC v. Marcus & Millichap Co.,751 F.3d 990, 997 (9th Cir. A former computer crimes prosecutor who worked for the Justice Department for 12 years, Mr. Sussmann in 2016 represented the Democratic National Committee on 2017) (citation omitted). Plaintiff alleges that Defendant California Highway Patrol ("CHP") Officer Erick Parra falsely arrested Plaintiff in January 2020, failed to mirandize her, and wrongfully reported her to the DMV. According to Plaintiff, ADA Patrick participated in these events, although her role is not specified. One of the best Lawyers, Legal business at 1901 1st Ave, San Diego CA, 92101 United States. Early Career Investigator . 2008) (citation omitted). Nancy Sussman, et al. at 15. 2002) (same; noting that where flaws cannot be cured, there is "no need to prolong the litigation by permitting further amendment"). Moreover, Congress has not specifically allowed suits against states or their agencies under 1983. 110, 128. 1996). As in the Prior Action, Plaintiff names Defendant Alfonso Martinez as a member of a conspiracy to wrongfully prosecute and convict Mr. Sussman. ECF No. 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. 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. al., defendants. 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. Accordingly, the Court examines whether the Judicial Defendants performed the acts stated in the SAC in their judicial capacity to determine whether Plaintiffs claims are barred by judicial and Eleventh Amendment immunity. 2005) (holding that plaintiff cannot recover under RICO based upon allegations of false imprisonment); Lauter v. Anoufrieva,642 F.Supp. 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. Nancy Sussman has no intention of being quiet, Summer Stephan has no place being DA of San Diego. UMass Amherst, Amherst College, Smith College, Hampshire College, Mount Holyoke. 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 Plaintiff also failed to follow the procedure set forth in Rule 62.1. Select the best result to find their address, phone number, relatives, and public records. The address is 4720 Lincoln Blvd 2nd Fl, Marina Del Rey, CA 90292. 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. Cahill v. Liberty Mut. et al, from the S.D. 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. SAC at 4. 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. Plaintiff further appears to claim that ADA Patrick participated in this wrong by falsely representing to the state court in the same criminal action that Plaintiff had threatened Alfonso Martinez. 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. SAC at 28-30. Heather Buergen, Esq., Defendant, represented by Corinne Bertsche , Lewis Brisbois Bisgaard & Smith LLP. Id. 76 at 9 (same). 102 persons linked to this address. Id. Ashelman, 793 F.2d at 1075-76 (citation and internal quotation marks omitted). Then, in 2020, she contends that the DMV knowingly suspended her license based on false police reports, despite her "excellent driving skills." Click the citation to see the full text of the cited case. 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. Deputy Editors Professor Charalambos Antoniades, MD PhD FESC Cal. Jun 2022 - Present9 months. https://petitions.moveon.org/sign/recall-of-san-diego-judge. Please contact or have an assistant D.A. Best Match Powered by Whitepages Premium AGE 60s Betty Ann Sussman San Diego, CA (Northeastern San Diego) Aliases Betty Glantz View Full Report Addresses 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." 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. 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 SAN DIEGO POLICE DEPARTMENT, et al., Defendants. Id. Plaintiff alleges that DA Stephan subjected her and her son to unidentified "fake trials" and concealed the SDPD's and DA's conspiracy of regularly conducting fake trials. 8, 12-18, 21-22. Plaintiff's claims for violations of unspecified rights under 1983, abuse of process, RICO, interference with a federal lawsuit, and interference with prospective economic advantages against Judge So and Judge Pollack are barred by judicial and Eleventh Amendment immunity. Because these allegations were litigated in the Prior Action, Counts I and V are barred by res judicata. Each of these acts involves Defendants DA Stephan, ADA Patrick, Elliot, and Scott initiating prosecutions and presenting the state's case in court. Cal. Ashelman v. Pope,793 F.2d 1072, 1075 (9th Cir. San Diego, CA. Plaintiff further fails to identify what ADA Patrick said to the press or how her statements harmed Plaintiff. Plaintiff also names Allstate in her RICO claim but does not allege Allstate's involvement in any conspiracy. 111. Scripps Mercy Hospital a Catholic hospital for profit in san Diego though he came in too much with a low pay insurance so they decided to get rid of him once and for all. She is known for being a courtroom whistleblower and who will take corrupt officials tries to hold them accountable. Plaintiff also brings claims against the SDPD Defendants based on three arrests unrelated to Mr. Sussman's prosecution. Clark v. Time Warner Cable,523 F.3d 1110, 1116 (9th Cir. Incognolio will be released by Janx Jes Solar Co. Ltd. v. Tong Soo Chung, 725 F. App'x 467, 469-70 (9th Cir. SAC at 25. Plaintiff's claims against the Judicial Defendants, the Prosecutorial Defendants, and the SDPD must be dismissed with prejudice because amendment would be futile. 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. "Once service is challenged, plaintiff[] bear[s] the burden of establishing that service was valid under Rule 4." This act is also judicial in nature because reporting unethical attorney conduct is well within the typical acts of a judge. There, Plaintiff alleged a conspiracy to wrongfully convict Mr. Sussman, and ultimately cause his death. at 23; California Code of Judicial Ethics, Canon 3(D)(2). 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. Chaset v. Fleer/Skybox Int'l, LP,300 F.3d 1083, 1088 (9th Cir. 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 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. 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. 1367(c); Mendoza v. Zirkle Fruit Co.,301 F.3d 1163, 1174 (9th Cir. 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. See Prior Action Dkt. Please call Dr. Sussman for further information or to set up a screening interview. His mother was able to get him out on appeal. Defendant: Francisco Martinez, San Diego Police Dept., US Border Patrol, Jennifer Simone, Ryan Scott, Plaintiff alleges that Allstate promised to do an independent investigation into the accident but ultimately failed to do so. Michael was a kind, smart person who would give anyone the shirt off his back. 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. He resides in Amherst, Massachusetts with his wife, Lynn. 2004). P. 8(a)(2). Plaintiff's Prior Action seeking redress for the death of her son was dismissed with prejudice and affirmed on appeal, satisfying the second element. SAC at 9, 28-29. "Racketeering activity" is any act indictable under the several provisions of Title 18 of the United States Code. The company is Workers Compensation Appeals Board. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. denied,142 S.Ct. Jennifer Simone, Probation Officer, Defendant, represented by Melissa Maria Holmes , County of San Diego Office of County Counsel. Your donations are needed to help defray the recurring costs for internet services, cable access, research via LexisNexis, media subscriptions, and the employment of a researcher and editor. Refine Your Search Results All Filters. Michael was charged with 18 bogus stacked on misdemeanors. Lastly, the SDPD is an improperly named Defendant and Plaintiff's 1983 claims against it cannot be cured by any restatement of the facts. Utilities Comm'n,67 F.3d 1470, 1477 (9th Cir. Queen Mary University of London. Judicial immunity "applies `however erroneous the act may have been, and however injurious in its consequences it may have proved to plaintiff." Amendment would therefore be futile and only prolong the litigation. v. Imrex Co., Inc.,473 U.S. 479, 496 (1985). Rather it must "examine whether conclusory allegations follow from the description of facts as alleged by the plaintiff." Riggs v. Jud. His main focus is on using translational approaches to understand disease pathology. A "pattern of racketeering activity" requires at least two predicate acts. Moreover, her claim against the DMV does not seek prospective injunctive relief. 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. WebMs Sussman represented me in a truck auto accident. Dkts. 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. al., Defendants. 2004). 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. "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." The Court finds that certain of Plaintiff's claims must be dismissed with prejudice. Tahoe-Sierra Pres. 330 WEST BROADWAY Id. 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. 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. Defendants Judge Kenneth So; Judge Gregory Pollack; District Attorney Summer Stephan; Assistant District Attorney Wendy Patrick; City Attorney Mara Elliot; former Deputy City Attorney Ryan Scott; the San Diego Police Department; individually named San Diego Police Department Officers; the California Department of Motor Vehicles; the Certified Board of Registered Nursing; Alfonso and Esperanza Martinez; Joel and Mary Johnson; California Highway Patrol Officer Erick Parra; Allstate Northbrook Indemnity Company; Prime Healthcare Paradise Valley, LLC dba Paradise Valley Hospital; and Dr. Prakash Bhatia filed motions to dismiss Plaintiff's Second Amended Complaint on various grounds, including res judicata; judicial, prosecutorial, and state immunity; improper service of process; and failure to state a claim. Council, Inc. v. Tahoe Reg'l Planning Agency,322 F.3d 1064, 1077 (9th Cir. NANCY SUSSMAN and MICHAEL SUSSMAN, Plaintiffs, v. SAN DIEGO POLICE DEPARTMENT, et al., Defendants. 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. 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. Cause: 42 U.S.C. 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." Cal. 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." Dkt. Plaintiff states that she was in a car accident on August 17, 2019, that resulted from the other driver's negligence. 3:2020cv01085 - Document 139 (S.D. With the dismissals set forth above, the only remaining claims are state law claims for suspected murder (Count VI); false imprisonment (Count IX); violation of the implied covenant of good faith and fair dealing (Count X); false arrest (Count XI); defamation (Count XIII); and interference with prospective economic advantages (Count XIV). THEY VIOLATE EMTALA. 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. 1983cv WebINCOGNOLIO Pre-Orders Go Live! She hired 3 attorneys who colluded with the City Attorneys' office. Twombly, 550 U.S. at 570. 110. 1986). Diaz v. Gates,420 F.3d 897, 899-900 (9th Cir. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. 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. See Prior Action Dkt. 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."). United States District Court, S.D. 415.20. Dana M. Sabraw United States District Judge. The coroner's office has I fear identified the body externally by the wrong description and refuse to provide identifying pictures. In the SAC, Plaintiff claims that Defendants Judge Kenneth So and Judge Gregory Pollack (together, the "Judicial Defendants") illegally acted to harm Plaintiff and Mr. Sussman in violation of their civil rights. 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. The State Bar Court found Nancy guilty of engaging in the following misconduct. United States District Court, S.D. R. Civ. Gould v. Mutual Life Ins. SAC at 18. R. Civ. Their names are Carolyn Enders, Joshua Olsen, and 100 others. We have a picture. 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." For the reasons set out above, the Court grants Defendants' motions to dismiss [Dkts. 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." 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. 509 U.S. at 277-78. We know about ten companies registered at this address. In deciding a motion to dismiss, all material factual allegations of the complaint are accepted as true, as well as all reasonable inferences to be drawn from them. For one, Plaintiff does not plead the existence of an enterprise, the nature of the alleged enterprise, or Defendants' purported roles in the enterprise. PeopleFinders is the best people search for finding people and public records. 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. Approaches to understand disease pathology this act is also judicial in nature reporting... Summer Stephan has no place being DA of San Diego CA, 92101 States... 1470, 1477 ( 9th Cir it must `` examine whether conclusory allegations follow the! 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