1367(c); Mendoza v. Zirkle Fruit Co.,301 F.3d 1163, 1174 (9th Cir. To the extent Plaintiff's allegations are brought under 1983, no constitutional violation has been alleged. Gov. Plaintiff also brings claims against the SDPD Defendants based on three arrests unrelated to Mr. Sussman's prosecution. at 8. denied,142 S.Ct. 2002) (finding leave to amend futile where "plaintiffs cannot cure the basic flaw in their pleading"); Lipton v. Pathogenesis Corp.,284 F.3d 1027, 1039 (9th Cir. 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). Conf. 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. Sussman is a Professor of Music at the University of Massachusetts in Amherst, with former students performing in such professional ensembles as the Singapore Id. After the first suspension, Plaintiff "demanded of the DMV the suspension be removed it was not." The fox is guarding the henhouse. And if that was not enough, 5 years later he paid him more money in exchange to be appointed a Superior Court Judge. For the reasons discussed below, the Court denies Plaintiff's motion. at 7. Because all the elements for res judicata are met, Plaintiff's Count I and Count V are dismissed as to the aforementioned Defendants. December 5, 2022. Id. 1999) (state's consent must be unequivocal and express); Doe v. Regents of the Univ. v. Gibbs,383 U.S. 715, 725 (1966). NANCY SUSSMAN, MICHAEL SUSSMAN ESTATE THEREOF BY AND THRU HIS SPECIAL ADMINISTER FOR THE ESTATE, Plaintiff, 70 (the "SAC"). Source: PACER. Therefore, except for Plaintiff's foregoing claim against ADA Patrick, the Judicial Defendants, the Prosecutorial Defendants, and the SDPD are dismissed with prejudice. Vehicle Code 1500. 2003). UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. ORDER GRANTING DEFENDANTS' MOTIONS TO DISMISS JINSOOK OHTA, Jan. 12, 2021) (collecting cases). Cal. nancy sussman, michael sussman estate thereof by and thru his special administer for the estate, plaintiff, v. san diego police department, et. 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. Call for connection for LA CalBar Court. 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. Co., 790 F.2d 769, 772 (9th Cir. Amendment would therefore be futile and only prolong the litigation. 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. 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. 1983cv Jun 2022 - Present9 months. Here, the SAC alleges acts that are judicial in nature because eachpresiding over Mr. Sussman's trial, issuing a restraining order, and issuing court documentsare functions typically performed by a judge and, according to Plaintiff, were done in connection with criminal and civil proceedings over which the Judicial Defendants had jurisdiction. 1367(a), the Court would decline to exercise supplemental jurisdiction under 28 U.S.C. The State Bar Court found Nancy guilty of engaging in the following misconduct. 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 His office has been frustrated by your office not reviewing the material regarding my sons death. Id. : 19-CV-1063-DMS-JLB (S.D. The case involved his wife Summer Stephans and was against their friend and endorsers. 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. 2,500 likes. P. 8(a)(2). 7, 2019); Cal. Id. This method of substitute service does not comply with Rule 4 because there is no evidence that Plaintiff made prior reasonable efforts to personally serve the Defendants, generally defined as two to three attempts, pursuant to Cal. Facebook gives people the power to share and makes the world & Prof. Code 2701; Cal. 2018) (holding the Ex Parte Young doctrine allows for prospective injunctive relief against state officials named in their official capacity). Research Excellence Prize. 110. MD is a health care provider primarily located in Oakland, CA, with another office in SAN DIEGO, CA. Incognolio will be released by Janx This is an excess force to the point of terrorism. "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." In 1993, he paid Governor Pete Wilson $1200 to be placed as a municipal court judge. at 28. 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. Utilities Comm'n,67 F.3d 1470, 1477 (9th Cir. PeopleFinders is the best people search for finding people and public records. A former computer crimes prosecutor who worked for the Justice Department for 12 years, Mr. Sussmann in 2016 represented the Democratic National Committee on WARNING: SCRIPPS MERCY HOSPITAL MISTREATS PSYCHIATRIC PATIENTS WHO ARE ELDERLY WITH POOR PAYING INSURANCE. Buried Here. The 2 cases of a lot of similarities. Find Reviews, Ratings, Directions, Business Hours, Contact Information and book online appointment. Thus, the Court does not have personal jurisdiction over the SDPD Officers, and the claims against them are dismissed. 118 at 1. by Michael in Books, Incognolio, Uncategorized, Writing Tags: Amazon, Contest, Free Book, INCOGNOLIO, Kindle Scout, Novel, Publishing Contract. Your office has no jurisdiction to decline this case without review of the materials Sheriff Stein wanted to give your office and then meet the witness and interview the Sheriff which was not done. Access this case on the California Southern District Court's Electronic Court Filings (ECF) System. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. NANCY SUSSMAN AGE 70 NEVER COMMITTED A CRIME IN HER LIFE AND THE D.A. 279 Fine Arts CenterUniversity of MassachusettsAmherst, MA 01003Tel:413-545-4776. Plaintiff does not further elaborate on the SDPD Defendants' role in any conspiracy. 102 persons linked to this address. Eclectic Properties E., LLC v. Marcus & Millichap Co.,751 F.3d 990, 997 (9th Cir. Select the best result to find their address, phone number, relatives, and public Bd.,235 F.3d 553, 557 (10th Cir. San Diego, USA. v. San Diego Police Dept., et al., Case No. Id. Cal. Id. Even "[n]ewly articulated claims based on the same nucleus of facts may still be subject to a res judicata finding if the claims could have been brought in the earlier action." WebLisa Ann Sussman (Reigstration# 124989) is an attorney registered with State Bar of California. 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). 118 at 1. at 31-32. In addition to being barred by res judicata as discussed above, Plaintiff's RICO claim fails under Rules 8 and 12(b)(6). Best Match Powered by Whitepages Premium AGE 60s Betty Ann Sussman San Diego, CA (Northeastern San Diego) Aliases Betty Glantz View Full Report Addresses This was to save money for Mercy Hospital and because a corrupt Judge ALLOWED IT. Prior Action Dkt. Plaintiff alleges that Allstate promised to do an independent investigation into the accident but ultimately failed to do so. 2010) ("[I]n the usual case in which all federal-law claims are eliminated before trial, the balance of factors to be considered under the pendent jurisdiction doctrinejudicial economy, convenience, fairness, and comitywill point toward declining to exercise jurisdiction over the remaining state-law claims.") P. Plaintiff's Count V is a RICO claim against all Defendants for causing the death of Mr. Sussman. The second element of res judicata is met because Plaintiff's Prior Action was resolved on the merits. 1995) (noting that the CTCA requires "timely presentation of a written claim and [] rejection" and a "plaintiff must allege compliance or circumstances excusing compliance"). MD is a health care provider primarily located in Oakland, CA, with another office in SAN DIEGO, CA. WebMichael Sussman. Lund v. Cowan,5 F.4th 964, 969 (9th Cir. at 14-15, 18-19. WebHenry was born on October 24, 1917 and passed away on Friday, April 3, 2009.. Henry was a resident of San Diego, California. at 12-16. Queen Mary University of London. A dismissal with prejudice constitutes a "final judgment on the merits" for res judicata purposes. Jennifer Simone, Probation Officer, Defendant, represented by Melissa Maria Holmes , County of San Diego Office of County Counsel. 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." SAN DIEGO POLICE DEPARTMENT, et. California. Nature of Suit: 440 Civil Rights: Other Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. 2002). 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. 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"). Michael Pancer, Defendant, represented by Charles R. Grebing , Wingert Grebing Brubaker & Juskie LLP & Mallory Holt , Wingert Grebing Brubaker & Juskie LLP. Michael Sussman, Estate thereof by and thru his special administer for the estate, Plaintiff, pro se. WebFind company research, competitor information, contact details & financial data for Sussman & Katz, Inc. of San Diego, CA. For the reasons stated below, the Court grants Defendants' motions to dismiss. Nancy Sussman, et al. Nearly all of Plaintiff's allegations concerning the Prosecutorial Defendants involve prosecutorial acts closely tied to the initiation and presentation of state prosecutions. Williams v. Woodford, 384 F.3d 567, 586 (9th Cir. Council, Inc. v. Tahoe Reg'l Planning Agency,322 F.3d 1064, 1077 (9th Cir. This docket was last retrieved on November 22, 2019. 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. Hon. Click on the case name to see the full text of the citing case. Listed below are the cases that are cited in this Featured Case. 2. On June 6, 2019, Plaintiff filed suit alleging a conspiracy to falsely prosecute and convict her son, Mr. Sussman. 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. It will be sent to The California State House, The California State Senate, and 3 others. The case had been turned over to the US Attorney and so far no charges have been filed. February 2022), Nancy will resume her so-called brand of law at 5823 Lomond Drive in San Diego, California in late January 2025. We have a picture. death of Michael Sussman 12/21/2018 dob 5/20/2004 This procedure is set forth in Federal Rule of Civil Procedure 62.1, which provides: Here, Plaintiff filed a notice of appeal before she moved for relief from judgment pursuant to Rule 60(b). Id. Plaintiff brings claims against the SDPD and certain individually named SDPD Officers (the "SDPD Defendants") as members of an alleged conspiracy to prosecute Mr. Sussman. As to City Attorney Elliot, she allegedly filed a felony restraining order against Plaintiff. Id. Id. The company is Workers Compensation Appeals Board. at 24. 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 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." WebMr. Michael was subjected to a make-believe trial from a psychopath Judge named Kenneth So. Cal. Therefore, these acts cannot form a basis for liability. His mother was forced to keep him in hotels at her cost for a year. P. 4(e) and a file a separate proof of service as to each Defendant to demonstrate compliance. They put him in 3 different rehab facilities, after the completion of the court-ordered drug rehab they recommended that he return home. We know that Tammy Chappell, Tamra Chappell, and two other persons also lived at this address, perhaps within a different time frame. (quoting Carnegie-Mellon Univ. The case of death was determined to be a combination of drugs Heroin- Cocaine. Jason Stein sheriff 619-708-3332. at 31. Judge Sabraw refused to recuse himself and after 6 months and 30 motions to dismiss he dismissed the lawsuit. Plaintiff names four of her neighbors as Defendants: Alfonso and Esperanza Martinez and Joel and Mary Johnson. 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.

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