Katzir Floor & Home Designs, Inc. v. M-MLS.com,394 F.3d 1143, 1148 (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. See Federated Dep't Stores, Inc. v. Moitie,452 U.S. 394, 398 (1981); see also Stewart v. U.S. Bancorp,297 F.3d 953, 956 (9th Cir. of California,891 F.3d 1147, 1153 (9th Cir. His mother was able to get him out on appeal. 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. With respect to the DMV, Plaintiff appears to allege that it wrongfully suspended her license on an unidentified date and again in 2020. Plaintiff does not specify, however, what evidence was fabricated, what testimony was false, nor the court hearing at which testimony took place. Please call Dr. Sussman for further information or to set up a screening interview. Identity of claims exists "when two suits arise from `the same transactional nucleus of facts.'" "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." 2004). Listed below are those cases in which this Featured Case is cited. Michael was a great kid and both families have been completely destroyed by the psychopath court system and the San Diego police department. Lawrence v. Krahne, 698 F. App'x 504, 504 (9th Cir. 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." Lived In San Diego CA, El Cajon CA. 1367(c); Sanford v. Member Works, Inc.,625 F.3d 550, 561 (9th Cir. Id. Michael and his mother were set up by the SDPD. For the reasons set out above, the Court denies Plaintiff's Rule 60(b) motion for lack of jurisdiction. Charley Khoury, Defendant, represented by Charles R. Khoury, Jr. , Law Offices of Charles R. Khoury. Jennifer Simone, Probation Officer, Defendant, represented by Melissa Maria Holmes , County of San Diego Office of County Counsel. Shortly after being released from jail, Mr. Sussman died of a drug overdose. Rather it must "examine whether conclusory allegations follow from the description of facts as alleged by the plaintiff." 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." Williams v. Woodford, 384 F.3d 567, 586 (9th Cir. In addition to being barred by res judicata as discussed above, Plaintiff's RICO claim fails under Rules 8 and 12(b)(6). 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. Maggie Fink Sussman. 2005) (affirming dismissal with prejudice on res judicata grounds); Strand v. Gov't of U.S.,846 F.2d 1383, at *2 (9th Cir. He did not qualify as with third-party assistance from his family he functioned well. 2005) (Ferguson, J., concurring) ("[M]unicipal police departments and bureaus are generally not considered `persons' within the meaning of section 1983"); Rodriguez v. Cnty. Michael was targeted by the SDPD, profiled with false charges false police reports. Then, in 2020, she contends that the DMV knowingly suspended her license based on false police reports, despite her "excellent driving skills." 1983cv Civil Rights Act - Civil Action for Deprivation of Rights at 6. 76 at 9 (same). This docket was last retrieved on November 22, 2019. at 7. Code Civ. WebLaunching 30-Day Kindle Scout Campaign! WebMichael George Sussman, age 20s, lives in San Diego, CA. Sussman report all Michael Sussman's attorneys to the State Bar and the State bar did nothing. Based on the foregoing, Plaintiff alleges violations of unspecified rights under 1983 and RICO against the Prosecutorial Defendants (Counts I and V); conspiracy to obstruct justice and interference with a federal lawsuit against DA Stephan and ADA Patrick (Count VII-VIII); abuse of process against DA Stephan, ADA Patrick, and City Attorney Elliot (Count II); and defamation and interference with prospective economic advantage against former Deputy City Attorney Scott (Counts XIII-XIV). 2008) (citation omitted). Id. WE NEED DOCTOR LIKE LIAN AND PHILLIPS TO HAVE THEIR MEDICAL LICENSE REMOVED. 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. Id. San Diego is happy with the corruption in the judicial system. at 1076 (citation and quotations omitted). 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 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. 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. The state of California presented Nancy Sussman with a law license in 1983 after she graduated from the University of Southern California (USC) School of Law. Click on the case name to see the full text of the citing case. 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. 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/. 2010) (citation omitted). 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. Re: REFERRAL OF SHERIFF JASON STEIN FOR CHARGES AGAUNST ANDERS HOLTHAUS -DRUG SELLER WebMichael is related to Alfred W Sussmann and Martha Sussmann as well as 3 additional people. v. Imrex Co., Inc.,473 U.S. 479, 496 (1985). 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. 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). United States District Court, S.D. v. Nearly all of Plaintiff's allegations concerning the Prosecutorial Defendants involve prosecutorial acts closely tied to the initiation and presentation of state prosecutions. at 28. California.https://leagle.com/images/logo.png, Editors Note 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, D'Oyly 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. 2008). SAC at 18. Research Excellence Prize. 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. 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. The 2 cases of a lot of similarities. San Diego Police Dept., Ryan Scott, Jeff Jordan, City Attorney Office & Mara Elliot, Defendants, represented by Steven Ray Guess , Office of the City Attorney - City of San Diego. Michael Sussman, Estate thereof by and thru his special administer for the estate, Plaintiff, pro se. Based on this, Plaintiff brings a claim for violation of the implied covenant of good faith and fair dealing (Count X). 118 at 1. It is well settled that the "filing of a notice of appeal divests the district court of jurisdiction." Distinguished Investigator. 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. Click the citation to see the full text of the cited case. WebThe residential address for Gary is 5230 Fiore Terr, San Diego, CA 92122. 2002) (same; noting that where flaws cannot be cured, there is "no need to prolong the litigation by permitting further amendment"). Plaintiff's Prior Action seeking redress for the death of her son was dismissed with prejudice and affirmed on appeal, satisfying the second element. Zmurkewicz, US District Court for the Southern District of California. Holden v. Hagopian,978 F.2d 115, 1121 (9th Cir. Id. As in the Prior Action, Plaintiff names Defendant Alfonso Martinez as a member of a conspiracy to wrongfully prosecute and convict Mr. Sussman. She hired 3 attorneys who colluded with the City Attorneys' office. 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. San Diego, CA 92101. 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. 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. v. Gibbs,383 U.S. 715, 725 (1966). John D Kirby, Defendant, represented by Ashley Walker Nagashima , Walsh McKean Furcolo, LLP. 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. Other than claiming that she was in fact innocent of having threatened Defendant Martinez, Plaintiff does not plead further detail. Plaintiff's allegations against the Prosecutorial Defendants appear to center around the prosecution of Mr. Sussman. United States District Court, S.D. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. 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. 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. Use tab to navigate through the menu items. Rule 60 ( b ) motion for lack of jurisdiction. jurisdiction. is! Up by the Plaintiff. from his family he functioned well, 1153 ( 9th Cir Alfonso Martinez a... Pro se F.3d 567, 586 ( 9th Cir ' Office was targeted by SDPD. It wrongfully suspended her license on an unidentified date and again in 2020 by Melissa Maria Holmes, County San.... ' listed below are those cases in which this Featured case michael sussman san diego cited the San is. 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