ECF No. Here, Plaintiff filed a notice of appeal before she moved for relief from judgment pursuant to Rule 60(b). This is an excess force to the point of terrorism. Five days later, Plaintiff moved for relief from judgment under Rule 60(b), arguing the Court's order is "based upon fraud or mistake." Sussman is a Professor of Music at the University of Massachusetts in Amherst, with former students performing in such professional ensembles as the Singapore Plaintiff's civil RICO claim against all Defendants does not appear to plead any of the required elements. For the reasons set out above, the Court denies Plaintiff's Rule 60(b) motion for lack of jurisdiction. The 2 cases of a lot of similarities. Shortly after being released from jail, Mr. Sussman died of a drug overdose. 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. R. Civ. A former computer crimes prosecutor who worked for the Justice Department for 12 years, Mr. Sussmann in 2016 represented the Democratic National Committee on California, 03-30-2022. Maggie Fink Sussman. "Once service is challenged, plaintiff[] bear[s] the burden of establishing that service was valid under Rule 4." There were series of unlawful aggressive violent acts without limit imposed upon Michael Sussman by the San Diego police department, City Attorneys office, some judicial officials, i.e. 2006); see also Beard v. Sheet Metal Workers Union, Local 150,908 F.2d 474, 477 n.3 (9th Cir. 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. 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. Henry Sussman. Check out the latest pictures, photos and images of Michael Sussman from 2018. Ashelman v. Pope,793 F.2d 1072, 1075 (9th Cir. at 14-15, 18-19. Here, Plaintiff does not allege either the CBRN or the DMV has consented to suit. SAC at 20; see also Section III.B supra. 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. 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." Judges are "immune from damage actions for judicial acts taken within the jurisdiction of their courts." Jes Solar Co. Ltd. v. Tong Soo Chung, 725 F. App'x 467, 469-70 (9th Cir. They may think they have won the battle, but we are here to fight the war. California state law specifies that a summons can be served by personal delivery, substitute service following reasonable diligence, service by mail with notice and acknowledgement of receipt, or by publication. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. Check reviews, hours, insurance options, & book your appointment today. The Defendants described below have moved to dismiss the claims against them. 2018) (finding insufficient service where plaintiff did not argue prior attempts were made and there was no evidence in the record of same); Avalos v. MMDEOL Inc., 2021 WL 540380, at *4 (E.D. Code Civ. This procedure is set forth in Federal Rule of Civil Procedure 62.1, which provides: Where an appellant fails to follow the above procedure, a district court has no jurisdiction to consider the merits of the Rule 60(b) motion. 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 has 45 days from the date of this order to file an amended complaint on the claims dismissed without prejudice. 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. Michael Sussman was only 24 years old, Jonah Rief was only 4 years old when put into intentional sex trafficking by Judge So. Listed below are the cases that are cited in this Featured Case. 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. 7, 2019); Cal. WebFind the Best Psychologists in San Francisco. 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. Then, in 2020, she contends that the DMV knowingly suspended her license based on false police reports, despite her "excellent driving skills." We feel this has resulted in the Obstruction of Justice for a victim of A CRIME. WebView the profiles of people named Michael Sussman. The Court, therefore, lacks jurisdiction to entertain Plaintiff's motion and it is accordingly denied. 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. 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. 19cv1063 DMS (JLB) (the "Prior Action"). Real good attorney. Re: REFERRAL OF SHERIFF JASON STEIN FOR CHARGES AGAUNST ANDERS HOLTHAUS -DRUG SELLER Id. My name is Nancy Sussman. Her name is Tammy Rief and her son Jonah Rief. As to Defendant Esperanza Martinez, the spouse of Defendant Alfonso Martinez, Plaintiff states that she "fabricated evidence in a police report and submitted false testimony at a court hearing." WebView Michael Sussman results in California (CA) including current phone number, address, relatives, background check report, and property record with Whitepages. Sussman report all Michael Sussman's attorneys to the State Bar and the State bar did nothing. at 6. 2,500 likes. al., defendants. 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. 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. Judge Sabraw refused to recuse himself and after 6 months and 30 motions to dismiss he dismissed the lawsuit. Web5 customer reviews of Hayworth and Sussman Attorney at Law. 73, 76, 78, 80-81, 83-86, 89-90. Michael was charged with 18 bogus stacked on misdemeanors. death of Michael Sussman 12/21/2018 dob 5/20/2004 Plaintiff brings claims against Prime Healthcare Paradise Valley, LLC dba Paradise Valley Hospital ("Paradise") and Dr. Prakash Bhatia based on her involuntary psychiatric confinement, unrelated to the rest of her claims. 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. 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 They made his mother an involuntary victim against his son, his mother was forced to spend $350,000 to defend his son. Gould v. Mutual Life Ins. Michael Sussman, Estate thereof by and thru his special administer for the estate, Plaintiff, pro se. 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. The fox is guarding the henhouse. Prior Action Dkt. 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. Lab'y,131 F.3d 836, 839 (9th Cir. SAC at 28-30. "Racketeering activity" is any act indictable under the several provisions of Title 18 of the United States Code. v. Gibbs,383 U.S. 715, 725 (1966). WebQuick Facts 2036 Randolph Drv, San Jose, CA 95128-2727 is the current address for Howard. Judge So put Michael in jail with drug sellers and criminals. 2001). Williams v. Woodford, 384 F.3d 567, 586 (9th Cir. 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. 73, 76, 78, 80-81, 83-86, 89-90]. 2004) (holding that the filing of a notice of appeal strips the district court of jurisdiction over the Rule 60(b) motion). The company is Workers Compensation Appeals Board. Lived In San Diego CA, El Cajon CA. Nature of Suit: 440 Civil Rights: Other Proc. Queen Mary University of London. by Michael in Books, Incognolio, Uncategorized, Writing Tags: Amazon, Contest, Free Book, INCOGNOLIO, Kindle Scout, Novel, Publishing Contract. of Contra Costa, 2013 WL 5946112 at *3 (N.D. Cal. State judges are further insulated from suit by the Eleventh Amendment. WebMichael is related to Alfred W Sussmann and Martha Sussmann as well as 3 additional people. 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." 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." Make your practice more effective and efficient with Casetexts legal research suite. Gov. John D Kirby, Defendant, represented by Ashley Walker Nagashima , Walsh McKean Furcolo, LLP. 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. Plaintiff also failed to follow the procedure set forth in Rule 62.1. Buried Here. Pro se complaints are "held to less stringent standards than formal pleadings drafted by lawyers." Click on the case name to see the full text of the citing case. Id. at 18-19. Do you want corruption? 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. 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. SAC at 6, 9, 11-13, 16-18. All of the corrupt officials, Gregory Pollack & Jill Lindberg will testify, Kamala Harris will be mentioned. 2005) (affirming dismissal with prejudice on res judicata grounds); Strand v. Gov't of U.S.,846 F.2d 1383, at *2 (9th Cir. contact me and Sheriff Stein immediately. 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"). WebUC San Diego Health. When claims are barred by immunity or by res judicata, amendment is plainly futile. 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. Early Career Investigator . Incognolio will be released by Janx clarinet WebRecord for Maggie Fink Sussman 1955 - 1993 in El Camino Memorial Park, San Diego, San Diego, California, United States from BillionGraves GPS Headstones. 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. at 19. Hebbe v. Pliler,627 F.3d 338, 342 (9th Cir. Click the citation to see the full text of the cited case. 1983cv Brockmeyer v. May,383 F.3d 798, 801 (9th Cir. Leon v. IDX Systems Corp.,464 F.3d 951, 962 (9th Cir. WHEN MY BROTHER DIED HE WEIGHED 70 POUNDS AND HAD A 5'11 FRAME. 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. Plaintiff's Prior Action seeking redress for the death of her son was dismissed with prejudice and affirmed on appeal, satisfying the second element. 118 at 1. Katzir Floor & Home Designs, Inc. v. M-MLS.com, 394 F.3d 1143, 1148 (9th Cir. The admitted year is 1986-12-11. In Buckley v. Fitzsimmons, the Supreme Court held that a prosecutor's statements to the press are not protected by prosecutorial immunity because prosecutors do not make press statements as advocates for the state. State bar hearing proceeding on CalBar via Zoom, Bar #108689, The public is invited! Id. 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. I have not worked since. WebMichael was a great kid and both families have been completely destroyed by the psychopath court system and the San Diego police department. The coroner's office has I fear identified the body externally by the wrong description and refuse to provide identifying pictures. Jennifer Simone, Probation Officer, Defendant, represented by Melissa Maria Holmes , County of San Diego Office of County Counsel. 2010) (citation omitted). The second element of res judicata is met because Plaintiff's Prior Action was resolved on the merits. We are testing a new layout for the record page. See Section III.A-B supra; 28 U.S.C. Plaintiff, who used to be an attorney, also appears to contend that Judge Pollack retaliated against her when he reported her conduct to the State Bar of California. 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. WARNING: SCRIPPS MERCY HOSPITAL MISTREATS PSYCHIATRIC PATIENTS WHO ARE ELDERLY WITH POOR PAYING INSURANCE. Diaz v. Gates,420 F.3d 897, 899-900 (9th Cir. 2004). at 31. Criminal etc, in essence defaming Sussman." Conf. Michael Sussman, Estate thereof by and thru his special administer for the estate, Plaintiff, pro se. 1983cv Civil Rights Act - Civil Action for Deprivation of Rights In 1993, he paid Governor Pete Wilson $1200 to be placed as a municipal court judge. Psychology (0) Oakland, CA . 110 at 2. (quoting Carnegie-Mellon Univ. Call for connection for LA CalBar Court. Id. SAC at 12. Plaintiff: Nancy Sussman and Michael Sussman. One of the best Lawyers, Legal business at 1901 1st Ave, San Diego CA, 92101 United States. 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. 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. A court, however, need not accept all conclusory allegations as true. Bell Atlantic Corp. v. Twombly,550 U.S. 544, 555 & n.3 (2007) (citations omitted). Williams v. Woodford,384 F.3d 567, 586 (9th Cir. It's Time to Take Action and Fight Back Against San Diegos Corrupt Judicial System, which caused the covert murder of Michael Sussman. Nov. 5, 2013) (noting that outside of the Monell exception, "sub-departments or bureaus of municipalities, such as the police departments, are not generally considered `persons' within the meaning of 1983."). February 2022), Nancy will resume her so-called brand of law at 5823 Lomond Drive in San Diego, California in late January 2025. Id. A "pattern of racketeering activity" requires at least two predicate acts. 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. WebBetty Sussman We found 11 records for Betty Sussman in CA, NY and 6 other states. Please contact or have an assistant D.A. 1999) (noting judicial immunity bars claims that judge conspired with others to render an adverse ruling). "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." v. Judge Sabraw, who presided over the Prior Action, dismissed Plaintiff's second amended complaint with prejudice on Plaintiff does not argue on opposition that she made reasonable attempts to serve the SDPD Officers, and there are no proofs of service or other evidence in the record that suggest that attempts were made. 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. We know about ten companies registered at this address. Plaintiff does not further clarify the contours of this alleged conspiracy. His mother was forced to keep him in hotels at her cost for a year. NANCY SUSSMAN and MICHAEL SUSSMAN, Plaintiffs, v. SAN DIEGO POLICE DEPARTMENT, et al., Defendants. WebHe is a recipient of European Research Council Grants. R. Civ. Click here to return to the original record page layout. 1367(c); Mendoza v. Zirkle Fruit Co.,301 F.3d 1163, 1174 (9th Cir. Judge Kenneth So, Defendant, represented by Matthew L. Green , Best Best and Krieger LLP. Public 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. WebMr. Plaintiff does not argue, nor can she, that the SDPD is not a municipality. 2008). 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. Cal. Applicable Law: 42 U.S.C. Join Facebook to connect with Michael Sussman and others you may know. 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. 2017) (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. Id. Id. 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