Lawrence v. Krahne, 698 F. App'x 504, 504 (9th Cir. For these reasons, Plaintiff's RICO claim is dismissed. This case comes before the Court on Plaintiff's motion for relief from final judgment under Federal Rule of Civil Procedure 60(b). Distinguished Investigator. Id. A dismissal with prejudice constitutes a "final judgment on the merits" for res judicata purposes. 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." Do you want corruption? Council, Inc. v. Tahoe Reg'l Planning Agency,322 F.3d 1064, 1077 (9th Cir. 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. On November 14, 2019, Plaintiff, proceeding pro se, filed a timely Notice of Appeal of the Court's order granting Defendants' motion to dismiss. SAC at 28-30. at 12. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. SAN DIEGO (KGTV) -- New details about the high speed chase that backed up traffic on Interstate 5 in La Jolla last week. Today, the driver faced a judge. Nancy Sussman is no stranger to the courthouse. Usually, shes representing her clients, but this time shes defending herself against criminal charges that could send her to prison. Dana M. Sabraw United States District Judge. Plaintiff does not identify the statements that ADA Patrick made to the press. State judges are further insulated from suit by the Eleventh Amendment. Id. 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). Full title:NANCY SUSSMAN and MICHAEL SUSSMAN, Plaintiffs, v. SAN DIEGO POLICE, Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. SAC at 25. 73, 76, 78, 80-81, 83-86, 89-90]. A paper trail right to the Federal Bench. 2010) (citation omitted). 4, 12-13, 23. 1983cv Civil Rights Act - Civil Action for Deprivation of Rights Any content provided by our bloggers or authors are of their opinion, and are not intended to malign any religion, ethnic group, club, organization, company, individual or anyone or anything. Plaintiff does not further elaborate on the SDPD Defendants' role in any conspiracy. 110, 128. NANCY SUSSMAN and MICHAEL SUSSMAN, Plaintiffs, v. SAN DIEGO POLICE DEPARTMENT, et al., Defendants. According to Plaintiff, ADA Patrick participated in these events, although her role is not specified. These are some of the names: World Automotive Financial Services,inc and Lavi International Corporation,. For one, Plaintiff does not plead the existence of an enterprise, the nature of the alleged enterprise, or Defendants' purported roles in the enterprise. 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." 1961(4). Cal. 37-2016-00045136-CU-HRCTL; SAC at 6, 9, 16-17. 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."). at 24. Cal. The company is Workers Compensation Appeals Board. 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. Although the specifics of Plaintiff's allegations in both actions are difficult to discern, it is clear that Plaintiff's Prior Action arose out of the trial, conviction, and death of Mr. Sussman. Listen in! 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. San Diego, CA 92101. Here, Plaintiff filed a notice of appeal before she moved for relief from judgment pursuant to Rule 60(b). ORDER GRANTING DEFENDANTS' MOTIONS TO DISMISS JINSOOK OHTA, Dr. Joshua Michael Sussman, PhD . Michael Sussman was v. Imrex Co., Inc.,473 U.S. 479, 496 (1985). Lived In San Diego CA, El Cajon CA. His mother, Nancy Sussman, is an Attorney that specializes in medical malpractice. Source: PACER. contact me and Sheriff Stein immediately. Corruption at its finest in San Diego. Yagman v. Garcetti,852 F.3d 859, 867 (9th Cir. A "pattern of racketeering activity" requires at least two predicate acts. John D Kirby, Defendant, represented by Ashley Walker Nagashima , Walsh McKean Furcolo, LLP. Id. Plaintiff's allegations against the Prosecutorial Defendants appear to center around the prosecution of Mr. Sussman. 1996). The admitted year is 1986-12-11. Plaintiff does not state any further context or facts in support of this allegation. Michael Pancer, Defendant, represented by Charles R. Grebing , Wingert Grebing Brubaker & Juskie LLP & Mallory Holt , Wingert Grebing Brubaker & Juskie LLP. This was clearly a major conflict of interest, to say the least. Plaintiff's civil RICO claim against all Defendants does not appear to plead any of the required elements. 2002) (same; noting that where flaws cannot be cured, there is "no need to prolong the litigation by permitting further amendment"). v. San Diego Police Dept., et al., Case No. Click here to return to the original record page layout. at 12-16. For the reasons set out above, the Court denies Plaintiff's Rule 60(b) motion for lack of jurisdiction. She hired 3 attorneys who colluded with the City Attorneys' office. A subscription to PACER is required. Call for connection for LA CalBar Court. Help us by writing the governor as this will result in more innocent people being tortured. 2018) (holding the Ex Parte Young doctrine allows for prospective injunctive relief against state officials named in their official capacity). 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. Dr Thomas Lian M.D. Id. MD is a health care provider primarily located in Oakland, CA, with another office in SAN DIEGO, CA. Id. Public Plaintiff purportedly was only allowed to leave the psychiatric hospital after Dr. Bhatia fraudulently "orchestrated a pretend hearing." Plaintiff also failed to follow the procedure set forth in Rule 62.1. Very caring person. NANCY SUSSMAN AGE 70 NEVER COMMITTED A CRIME IN HER LIFE AND THE D.A. 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. When they were timely. at 6. 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. at 25-27. Furthermore, Sussman reported Judge So and Judge Pollack to the commission. ECF No. SAC at 24-25. SAC at 9, 28-29. Michael was charged with 18 bogus stacked on misdemeanors. Previously cities included San Diego CA and Los Angeles CA. Because all the elements for res judicata are met, Plaintiff's Count I and Count V are dismissed as to the aforementioned Defendants. 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." San Diego is happy with the corruption in the judicial system. United Mine Workers of Am. 1367(a). Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. 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. They made his mother an involuntary victim against his son, his mother was forced to spend $350,000 to defend his son. Lund v. Cowan,5 F.4th 964, 969 (9th Cir. Katzir Floor & Home Designs, Inc. v. M-MLS.com,394 F.3d 1143, 1148 (9th Cir. 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. If not removed from office this power-hungry Judge will continue his behavior without accountability. After the first suspension, Plaintiff "demanded of the DMV the suspension be removed it was not." 1999) (noting judicial immunity bars claims that judge conspired with others to render an adverse ruling). Therefore, these acts cannot form a basis for liability. 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. 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." SAN DIEGO POLICE DEPARTMENT, et. WHEN MY BROTHER DIED HE WEIGHED 70 POUNDS AND HAD A 5'11 FRAME. 509 U.S. at 277-78. al., Defendants. Their names are Carolyn Enders, Joshua Olsen, and 100 others. He was beaten, falsely imprisoned, and harassed for two years before it consumed him. A Rule 12(b)(6) motion to dismiss tests the sufficiency of the complaint. "Racketeering activity" is any act indictable under the several provisions of Title 18 of the United States Code. 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." Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. With respect to Plaintiff's third arrest on December 30, 2019, Plaintiff claims that the SDPD "took Sussman on a wild and reckless police chase in her vehicle based upon a false warrant." In deciding whether to exercise supplemental jurisdiction, the court should consider the interests of judicial economy, convenience, fairness, and comity. 1367(c); Mendoza v. Zirkle Fruit Co.,301 F.3d 1163, 1174 (9th Cir. 2001) (recognizing consent and abrogation as exceptions to Eleventh Amendment immunity); Yakama Indian Nation v. State of Wash. Dep't of Revenue,176 F.3d 1241, 1245 (9th Cir. Plaintiff's Count V is a RICO claim against all Defendants for causing the death of Mr. Sussman. United States District Court, S.D. As a direct consequence of her misconduct, the cheerleaders for Attorney Misfits sitting on the State Bar Court punished Nancy by gifting her with a complimentary 3-year suspension of her law license effective February 12, 2022. Because these allegations were litigated in the Prior Action, Counts I and V are barred by res judicata. 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. WebBetty Sussman We found 11 records for Betty Sussman in CA, NY and 6 other states. The Court has "supplemental jurisdiction over all other claims that are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy." Her attorney also colluded with the Judge. See Ashcroft v. Iqbal,556 U.S. 662, 678 (2009). Check reviews, hours, insurance options, & book your appointment today. Citations are also linked in the body of the Featured Case. WebLisa Ann Sussman (Reigstration# 124989) is an attorney registered with State Bar of California. And if that was not enough, 5 years later he paid him more money in exchange to be appointed a Superior Court Judge. v. San Diego Police Dept., et al., Case No. Plaintiff also names Allstate in her RICO claim but does not allege Allstate's involvement in any conspiracy. On November 14, 2019, Plaintiff, proceeding pro se, filed a timely Notice of Appeal of the Court's order granting Defendants' motion to dismiss. 2004) (holding that the filing of a notice of appeal strips the district court of jurisdiction over the Rule 60(b) motion). Plaintiff does not specify, however, what evidence was fabricated, what testimony was false, nor the court hearing at which testimony took place. Rather it must "examine whether conclusory allegations follow from the description of facts as alleged by the plaintiff." Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. SAC at 4. nancy sussman, michael sussman estate thereof by and thru his special administer for the estate, plaintiff, v. san diego police department, et. Incognolio will be released by Janx 2000)). Plaintiff's claims against Defendants DA Stephan, ADA Patrick, City Attorney Elliot, and former Deputy City Attorney Scott are barred by the doctrine of prosecutorial immunity. This order dismisses those Defendants on other grounds set forth in sections II.A and II.C-D.). Bell Atlantic Corp. v. Twombly,550 U.S. 544, 555 & n.3 (2007) (citations omitted). His office has been frustrated by your office not reviewing the material regarding my sons death. 2006); see also Beard v. Sheet Metal Workers Union, Local 150,908 F.2d 474, 477 n.3 (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, 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. 2003). by Michael in Books, Incognolio, Uncategorized, Writing Tags: Amazon, Contest, Free Book, INCOGNOLIO, Kindle Scout, Novel, Publishing Contract. 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. 1917 - 2009. WebHenry Sussman may also have lived outside of San Diego, such as El Cajon and La Mesa. Plaintiff's Prior Action seeking redress for the death of her son was dismissed with prejudice and affirmed on appeal, satisfying the second element. Newcal Indus., Inc. v. Ikon Office Solution,513 F.3d 1038, 1055 (9th Cir. Diaz v. Gates,420 F.3d 897, 899-900 (9th Cir. His mother was forced to keep him in hotels at her cost for a year. 1986). The tragedy of Jonah Rief will be discussed, testified to, including the involvement of Kamala Harris. Identity of claims exists "when two suits arise from `the same transactional nucleus of facts.'" 19cv1063-DMS-JLB (the "Prior Action"). Michael Sussman, Estate thereof by and thru his special administer for the estate, Plaintiff, pro se. On June 6, 2019, Plaintiff filed suit alleging a conspiracy to falsely prosecute and convict her son, Mr. Sussman. Thus, the Court does not have personal jurisdiction over the SDPD Officers, and the claims against them are dismissed. 415.20. The City attorney charged him with false charges, false restraining orders and prohibit him from seeing his mother which was not warranted by her. 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). Michael Sussman was a victim of retaliation. We have a picture. Support the Sussman's. WebRecord for Freda Sussman 1922 - 2008 in El Camino Memorial Park, San Diego, San Diego, California, United States from BillionGraves GPS Headstones. Nov. 22, 2019). 2. See Brazil v. U.S. Dep't of Navy,66 F.3d 193, 199 (9th Cir. 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. Mark Sussman. 2004). R. Civ. 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. 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 WebINCOGNOLIO Pre-Orders Go Live! R. Civ. One of the best Lawyers, Legal business at 1901 1st Ave, San Diego CA, 92101 United States. WebMichael Sussman pictures from 2018. Sedima, S.P.R.L. 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