During Plaintiff's second arrest on October 28, 2019, the SDPD allegedly used "brutal force" and "used unlawful search and seizure to obtain warrant on Sussman." 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. This was clearly a major conflict of interest, to say the least. 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." Michael and his mother were set up by the SDPD. "A federal court is without personal jurisdiction over a defendant unless the defendant has been served in accordance with Fed. Michael Sussman was only 24 years old, Jonah Rief was only 4 years old when put into intentional sex trafficking by Judge So. In the Prior Action, the purported conspirators included Judge Kenneth So, the San Diego Police Department (the "SDPD"), the San Diego City Attorney's Office (the "City Attorney's Office"), City Attorney Mara Elliot, former Deputy City Attorney Ryan Scott, Lieutenant Jeff Jordon, and Alfonso Martinez, among other defendants. Gov. Real good attorney. NANCY SUSSMAN, MICHAEL SUSSMAN ESTATE THEREOF BY AND THRU HIS SPECIAL ADMINISTER FOR THE ESTATE, Plaintiff, SAC at 12. 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. 37-2016-00045136-CU-HRCTL; SAC at 6, 9, 16-17. Second, Plaintiff's claims against various SDPD Officers fail for insufficient service of process. 7, 2019); Cal. 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. He did not qualify as with third-party assistance from his family he functioned well. 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. Research Excellence Prize. United States District Court, S.D. 73, 76, 78, 80-81, 83-86, 89-90. 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). On November 14, 2019, Plaintiff, proceeding pro se, filed a timely Notice of Appeal of the Court's order granting Defendants' motion to dismiss. 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. 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. 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. Dr. Joshua Michael Sussman, PhD . Click on the case name to see the full text of the citing case. 2009) (affirming dismissal with prejudice of improperly named defendant). California.https://leagle.com/images/logo.png, Editors Note 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. Michael was targeted by the SDPD, profiled with false charges false police reports. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. UMass Amherst, Amherst College, Smith College, Hampshire College, Mount Holyoke. 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. 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. Holden v. Hagopian,978 F.2d 115, 1121 (9th Cir. WebThe residential address for Gary is 5230 Fiore Terr, San Diego, CA 92122. Kenneth So was the same Judge who charged a mother from Alabama with kidnapping her own child. In fact, both agencies have specifically denied consenting to suit in moving to dismiss the SAC. Accordingly, Plaintiff's claim against ADA Patrick based on her statements to the press is dismissed. Conf. P. "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." Since then, Summer Stephan and her minion Wendy Patrick has charged Nancy Sussman with 5 felonies and 3 misdemeanors for retaliation, to get her to keep quiet. SAC at 24-25. at 6. 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). 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. San Diego Police Dept., Ryan Scott, Jeff Jordan, City Attorney Office & Mara Elliot, Defendants, represented by, Judge Kenneth So, Defendant, represented by, Michael McCabe, Defendant, represented by, Michael Pancer, Defendant, represented by, Charley Khoury, Defendant, represented by, Alfonso Martinez, Defendant, represented by, Heather Buergen, Esq., Defendant, represented by, Jennifer Simone, Probation Officer, Defendant, represented by. Therefore, Plaintiff cannot pursue her 1983 claims against the SDPD and her claims against it are dismissed. SAN DIEGO POLICE DEPARTMENT, et al., Defendants. The case of death was determined to be a combination of drugs Heroin- Cocaine. State Bar Hearing is pending on the 23rd and the 24th of February. Research the case of Sussman et al v. San Diego Police Dept. 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." Ashelman, 793 F.2d at 1075. City of Chicago v. Int'l College of Surgeons,522 U.S. 156, 172-73 (1997); Smith v. Lenches,263 F.3d 972, 977 (9th Cir. Plaintiff's civil RICO claim against all Defendants does not appear to plead any of the required elements. Id. Michael was a kind, smart person who would give anyone the shirt off his back. 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. Listed below are the cases that are cited in this Featured Case. The address is 4720 Lincoln Blvd 2nd Fl, Marina Del Rey, CA 90292. 1367(c); Mendoza v. Zirkle Fruit Co.,301 F.3d 1163, 1174 (9th Cir. Young Investigator. SAC at 20; see also Section III.B supra. at 14-15. His research focusses on vascular biology, hypertension, and clinical immunology. Lawrence v. Krahne, 698 F. App'x 504, 504 (9th Cir. SAC at 18. The admitted year is 1986-12-11. 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. We know about ten companies registered at this address. MD is a health care provider primarily located in Oakland, CA, with another office in SAN DIEGO, CA. Plaintiff states that Mr. Sussman's prosecution was "was being done for the police dept." 1917 - 2009. Re: REFERRAL OF SHERIFF JASON STEIN FOR CHARGES AGAUNST ANDERS HOLTHAUS -DRUG SELLER, WARNING: SCRIPPS MERCY HOSPITAL MISTREATS PSYCHIATRIC PATIENTS WHO ARE ELDERLY WITH POOR PAYING INSURANCE. 509 U.S. at 277-78. Yagman v. Garcetti,852 F.3d 859, 867 (9th Cir. Plaintiff apparently served the SDPD Officersincluding City Attorney Jeff Jordon, erroneously sued as Officer Jordan of the SDPD by leaving copies at the SDPD with an Officer "McAndrew." NANCY SUSSMAN and MICHAEL SUSSMAN, Plaintiffs, Buried Here. Sussman is a Professor of Music at the University of Massachusetts in Amherst, with former students performing in such professional ensembles as the Singapore Michael Sussman. 2008) (citation omitted). Dismissal with prejudice is warranted where amendment would be futile because flaws in the claims cannot be cured. It is well settled that the "filing of a notice of appeal divests the district court of jurisdiction." at 15-16. Plaintiff's claims against the Judicial Defendants, the Prosecutorial Defendants, and the SDPD must be dismissed with prejudice because amendment would be futile. Criminal etc, in essence defaming Sussman," which caused Plaintiff to lose her nursing license. In determining whether res judicata bars Plaintiff's current claims regarding her son's trial and death, the Court first examines whether they are essentially the same as those in the Prior Action. Id. at 12. Twombly, 550 U.S. at 570. Harbor Police, Defendant, represented by Simon M. Kann , San Diego Unified Port District. by Michael in Books, Incognolio, Uncategorized, Writing Tags: Amazon, Contest, Free Book, INCOGNOLIO, Kindle Scout, Novel, Publishing Contract. 1988) (affirming dismissal with prejudice on immunity grounds); see also Golden v. Hubbell Inc., 343 F. App'x 226, 227-28 (9th Cir. In the instant action, the second of two lawsuits she has filed in 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. 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. at 24. 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