See Dkts. Michael Sussman, at age 24, was murdered on December 21, 2018. 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. We know about ten companies registered at this address. 70 (the "SAC"). See Prior Action Dkt. "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." 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. Source: PACER. 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. Proc. 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). denied,142 S.Ct. Citations are also linked in the body of the Featured Case. Plaintiff's Count V is a RICO claim against all Defendants for causing the death of Mr. Sussman. Plaintiff does not provide any additional detail, although this allegation appears to be unrelated to Mr. Sussman's prosecution. Moreover, her claim against the DMV does not seek prospective injunctive relief. 28 U.S.C. at 28. P. 8(a)(2). 2022) Court Description: ORDER Granting Defendant's Motions To Dismiss [Dkts. 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 Southern California (USC) School of Law. Id. WebINCOGNOLIO Pre-Orders Go Live! 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. Select the best result to find their address, phone number, relatives, and public records. PeopleFinders is the best people search for finding people and public records. For instance, in both actions, Plaintiff challenged Judge So's and Defendant Scott's conduct at Mr. Sussman's trial and alleged that Defendant Elliot and the SDPD helped ensure that Mr. Sussman was convicted. Katzir Floor & Home Designs, Inc. v. M-MLS.com, 394 F.3d 1143, 1148 (9th Cir. 2005) (holding that plaintiff cannot recover under RICO based upon allegations of false imprisonment); Lauter v. Anoufrieva,642 F.Supp. My novel, INCOGNOLIO, was accepted for the Kindle Scout contest and Im https://petitions.moveon.org/sign/recall-of-san-diego-judge. 2021), cert. Michael was a kind, smart person who would give anyone the shirt off his back. His four children live and/or attend schools in Massachusetts, New York , and North Carolina. 19cv1063-DMS-JLB (the "Prior Action"). When they were timely. 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). 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). 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. Click the citation to see the full text of the cited case. Heres how it happened: Jon was never homicidal nor suicidal and was not a candidate for a demented ward to be locked up, where he lived miserably LOCKED UP AND MISTREATEATED AT VISTA KNOLL. Research the case of Sussman et al v. San Diego Police Dept. 1367(c); Sanford v. Member Works, Inc.,625 F.3d 550, 561 (9th Cir. 2003). Mark Sussman. Id. We demand that a case be opened for a review into the death of Michael Sussman immediately without any further delay. Yagman v. Garcetti,852 F.3d 859, 867 (9th Cir. "Once service is challenged, plaintiff[] bear[s] the burden of establishing that service was valid under Rule 4." San Diego, CA. This was clearly a major conflict of interest, to say the least. These are some of the names: World Automotive Financial Services,inc and Lavi International Corporation,. 110. Zmurkewicz, US District Court for the Southern District of California. Judges are "immune from damage actions for judicial acts taken within the jurisdiction of their courts." (408) 280-7448 (Pacific Bell), (619) 665-5833 (Sprint Spectrum LPPacific Bell) are the phone numbers for Howard. Sedima, S.P.R.L. Charley Khoury, Defendant, represented by Charles R. Khoury, Jr. , Law Offices of Charles R. Khoury. Identity of claims exists "when two suits arise from `the same transactional nucleus of facts.'" 42 U.S.C. SAC at 12. 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. of Registered Nursing, 2019 WL 1082445, at *2 (S.D. All of the corrupt officials, Gregory Pollack & Jill Lindberg will testify, Kamala Harris will be mentioned. As to City Attorney Elliot and former Deputy City Attorney Scott, Plaintiff claims that they improperly prosecuted Mr. Sussman by "condoning perjury and false evidence" but does not allege further facts in support. Therefore, except for Plaintiff's foregoing claim against ADA Patrick, the Judicial Defendants, the Prosecutorial Defendants, and the SDPD are dismissed with prejudice. Sussman appealed to the 9th District based upon judicial misconduct and judge Sidney Thomas backdated his denial of the two judicial conduct complaints to make them look untimely. Id. And if that was not enough, 5 years later he paid him more money in exchange to be appointed a Superior Court Judge. 2005) (Ferguson, J., concurring) ("[M]unicipal police departments and bureaus are generally not considered `persons' within the meaning of section 1983"); Rodriguez v. Cnty. 2002). Claims brought under state law, for non-injunctive relief, or for retrospective relief are not permitted. Any attempt by Plaintiff to replead these claims based on the same transactional nucleus of factsthe prosecution, conviction, and death of Mr. Sussmanwould necessarily require dismissal on the same res judicata grounds. NANCY SUSSMAN and MICHAEL SUSSMAN, Plaintiffs, 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. Judicial immunity "applies `however erroneous the act may have been, and however injurious in its consequences it may have proved to plaintiff." She hired 3 attorneys who colluded with the City Attorneys' office. NANCY SUSSMAN AGE 70 NEVER COMMITTED A CRIME IN HER LIFE AND THE D.A. Thus, the third element of res judicata is clearly met as to Counts I and V against these Defendants. United Mine Workers of Am. Dana M. Sabraw United States District 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. Id. Michael was targeted by the SDPD, profiled with false charges false police reports. If you are thinking of hiring Sussman & Katz, Inc, we recommend double-checking their license status with the license board and using our bidding system to get competitive quotes. 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. Lastly, the SDPD is an improperly named Defendant and Plaintiff's 1983 claims against it cannot be cured by any restatement of the facts. 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. Check reviews, hours, insurance options, & book your appointment today. Jes Solar Co. Ltd. v. Tong Soo Chung, 725 F. App'x 467, 469-70 (9th Cir. at 7. I had a collar bone break and a broken femer. Tahoe-Sierra Pres. 86-1 at 16. Other than claiming that she was in fact innocent of having threatened Defendant Martinez, Plaintiff does not plead further detail. WebFind contact info for Elizabeth Sussman - phone number, address, email. Lived in Corona CA | Mission Viejo CA Related to Michael Sussman | Aaron Sussman | Beth Weinstein | Dana Weinstein | Danielle Sussman. The following is the entirety of Plaintiff's RICO allegations: As seen above, Plaintiff does not properly allege the existence of an enterprise or predicate acts and does not identify cognizable relief. 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. 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. Young Investigator. Accordingly, Plaintiff's claim against ADA Patrick based on her statements to the press is dismissed. Nor does Plaintiff identify any predicate acts, let alone a pattern of racketeering activity. Listed below are those cases in which this Featured Case is cited. Buried Here. When the mother was able to get him out on bail he died mysteriously 2 days later. Each of these acts involves Defendants DA Stephan, ADA Patrick, Elliot, and Scott initiating prosecutions and presenting the state's case in court. 2002) (same; noting that where flaws cannot be cured, there is "no need to prolong the litigation by permitting further amendment"). ADA Patrick likewise allegedly initiated criminal proceedings for an improper purpose, and misrepresented facts to the court. Click here to return to the original record page layout. 2004). Michael was a great kid and both families have been completely destroyed by the psychopath court system and the San Diego police department. WebQuick Facts 2036 Randolph Drv, San Jose, CA 95128-2727 is the current address for Howard. The CBRN also allegedly wrongfully relied on defamatory complaints about Plaintiff in revoking Plaintiff's license. Psychology (0) Oakland, CA . Vehicle Code 1500. Accordingly, Counts I and V are dismissed with prejudice. Amendment would therefore be futile and only prolong the litigation. Description: ORDER Granting Defendant 's Motions to Dismiss [ Dkts injunctive relief michael sussman san diego! Garcetti,852 F.3d 859, 867 ( 9th Cir can not recover under RICO based allegations... X 467, 469-70 ( 9th Cir and Lavi International Corporation, Court Judge Plaintiff 's Count V is RICO... Dismissed with prejudice opened for a review into the death of Mr. Sussman 's claim against all Defendants causing. Below are those cases in which this Featured case the citation to see the text... This allegation appears to be appointed a Superior Court Judge does Plaintiff any... ; Lauter v. 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