Finally, the Ex Parte Young doctrine does not apply because Plaintiff's claim against the CBRN, requesting her reinstatement, is alleged against the agency, not individuals in their official capacity. Cal. A subscription to PACER is required. 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. at 31-32. MD is a health care provider primarily located in Oakland, CA, with another office in SAN DIEGO, CA. WebMichael was a great kid and both families have been completely destroyed by the psychopath court system and the San Diego police department. 2009) (holding that deprivation of constitutional rights is not compensable under RICO). Listed below are those cases in which this Featured Case is cited. 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. Id. 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. 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 See Dkt. As such, the Court finds an identity of claims between the two actions, and the first element is met. Michael was charged with bogus misdemeanor's by the City attorneys office. On November 14, 2019, Plaintiff, proceeding pro se, filed a timely Notice of Appeal of the Court's order granting Defendants' motion to dismiss. Id. 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. PeopleFinders is the best people search for finding people and public records. Bus. The case involved his wife Summer Stephans and was against their friend and endorsers. In the instant action, the second of two lawsuits she has filed in "A federal court is without personal jurisdiction over a defendant unless the defendant has been served in accordance with Fed. According to Plaintiff, ADA Patrick participated in these events, although her role is not specified. 1990) ("Federal law dictates that a dismissal with prejudice bars a later suit under res judicata."). WebHenry Sussman may also have lived outside of San Diego, such as El Cajon and La Mesa. SAC at 24-25. 9. 1983cv Buried Here. at 23; California Code of Judicial Ethics, Canon 3(D)(2). NANCY SUSSMAN AGE 70 NEVER COMMITTED A CRIME IN HER LIFE AND THE D.A. 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. 42 U.S.C. 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. Id. For the reasons set out above, the Court denies Plaintiff's Rule 60(b) motion for lack of jurisdiction. Five days later, Plaintiff moved for relief from judgment under Rule 60(b), arguing the Court's order is "based upon fraud or mistake." Judge So put Michael in jail with drug sellers and criminals. Dkts. Each of these acts involves Defendants DA Stephan, ADA Patrick, Elliot, and Scott initiating prosecutions and presenting the state's case in court. at 18. Lived in Corona CA | Mission Viejo CA Related to Michael Sussman | Aaron Sussman | Beth Weinstein | Dana Weinstein | Danielle Sussman. The address is 4720 Lincoln Blvd 2nd Fl, Marina Del Rey, CA 90292. Katzir Floor & Home Designs, Inc. v. M-MLS.com, 394 F.3d 1143, 1148 (9th Cir. In contrast, Plaintiff's state law claims are based on an array of discrete events, including (1) Allstate's alleged bad faith settlement of a car accident, (2) Paradise's and Dr. Bhatia's alleged confinement of Plaintiff to a psychiatric award, (3) Joel and Mary Johnson's and Alfonso and Esperanza Martinez's alleged interference with Plaintiff's nursing license, and (4) CHP Officer Parra's false arrest of Plaintiff. With respect to the DMV, Plaintiff appears to allege that it wrongfully suspended her license on an unidentified date and again in 2020. Claims brought under state law, for non-injunctive relief, or for retrospective relief are not permitted. al., Defendants. Id. Chaset v. Fleer/Skybox Int'l, LP,300 F.3d 1083, 1088 (9th Cir. --------. Based on this, Plaintiff brings state law claims of false imprisonment, fraud, and deceit against Paradise and Dr. Bhatia (Count IX). A dismissal with prejudice constitutes a "final judgment on the merits" for res judicata purposes. Id. It is well settled that the "filing of a notice of appeal divests the district court of jurisdiction." 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. 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. at 30-33. Bell Atlantic Corp. v. Twombly,550 U.S. 544, 555 & n.3 (2007) (citations omitted). Plaintiff also brings an abuse of process claim against Defendant Alfonso Martinez (Count II). The Court finds it doubtful that supplemental jurisdiction ever existed over Plaintiff's state law claims for false imprisonment, violation of the implied covenant of good faith and fair dealing, false arrest, defamation, and interference with prospective economic advantages against Defendants Paradise, Dr. Bhatia, Allstate, CHP Officer Parra, Joel and Mary Johnson, and Alfonso and Esperanza Martinez.7 Plaintiff's only federal claim against all of these Defendants is her RICO claim. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. Plaintiff states that she was in a car accident on August 17, 2019, that resulted from the other driver's negligence. 2022) Court Description: ORDER Granting Defendant's Motions To Dismiss [Dkts. Select the best result to find their address, phone number, relatives, and public records. California, 03-30-2022. The case had been turned over to the US Attorney and so far no charges have been filed. 76 at 9 (same). NANCY SUSSMAN and MICHAEL SUSSMAN, Plaintiffs, v. SAN DIEGO POLICE DEPARTMENT, et al., Defendants. Research the case of Sussman et al v. San Diego Police Dept. 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. 111. As a result of this whistleblowing, Michael Sussman became a target. Distinguished Investigator. She and her husband together create a conflict of interest, Judge Dana Sabraw has a paper trail to the federal bench. Her attorney also colluded with the Judge. 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. Dr Thomas Lian M.D. 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. WebMichael Sussman. 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. Dated: November 22, 2019, Case No. See Prior Action Dkts. Access this case on the California Southern District Court's Electronic Court Filings (ECF) System. Proc. 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. Young Investigator. 8, 12-18, 21-22. Michael Sussman. Based on these contentions, Plaintiff brings an unspecified claim for false arrest against CHP Officer Parra (Count XII).4 Plaintiff also names CHP Officer Parra in her RICO claim, although she alleges no further facts with respect to him and does not identify his role in any conspiracy. 2009) (affirming dismissal with prejudice of improperly named defendant). See Prior Action Dkt. United Mine Workers of Am. Unless your office reviews Sheriff Stein's material and the Coroner's autopsy, pictures, and witness statements you cannot decline a case referred. This order dismisses those Defendants on other grounds set forth in sections II.A and II.C-D.). 1988) (affirming dismissal with prejudice on immunity grounds); see also Golden v. Hubbell Inc., 343 F. App'x 226, 227-28 (9th Cir. 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." at 28. WebLaunching 30-Day Kindle Scout Campaign! United States District Court, S.D. ADA Patrick likewise allegedly initiated criminal proceedings for an improper purpose, and misrepresented facts to the court. 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. Proc. For these reasons, Plaintiff's RICO claim is dismissed. We know that Tammy Chappell, Tamra Chappell, and two other persons also lived at this address, perhaps within a different time frame. A "pattern of racketeering activity" requires at least two predicate acts. WebView the profiles of people named Michael Sussman. at 15. Based on the above, Plaintiff alleges the following claims against the Judicial Defendants: (1) violations of unspecified rights under 1983 (Count I); (2) abuse of process (Count H); (3) RICO (Count V); (4) interference with a federal lawsuit (Count VIII); and (5) interference with prospective economic advantages (Count XIV).1. 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." R. Civ. Sussman et al v. San Diego Police Dept. Please call Dr. Sussman for further information or to set up a screening interview. Deputy Editors Professor Charalambos Antoniades, MD PhD FESC v. The Judicial Defendants, the Prosecutorial Defendants, the DMV, and the CBRN each seek to dismiss Plaintiff's claims against them on grounds of judicial immunity, prosecutorial immunity, and state immunity, respectively. 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. Here, Plaintiff does not allege either the CBRN or the DMV has consented to suit. Id. WebMs Sussman represented me in a truck auto accident. 37-2016-00045136-CU-HRCTL; SAC at 6, 9, 16-17. We demand that a case be opened for a review into the death of Michael Sussman immediately without any further delay. It is well settled that the "filing of a notice of appeal divests the district court of jurisdiction." 2004). There, Plaintiff alleged a conspiracy to wrongfully convict Mr. Sussman, and ultimately cause his death. at 24. Shortly after being released from jail, Mr. Sussman died of a drug overdose. Cal. 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. Use the links below to access additional information about this case on the US Court's PACER system. 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. 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." 2021), cert. 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.
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