Dana M. Sabraw United States District In deciding a motion to dismiss, all material factual allegations of the complaint are accepted as true, as well as all reasonable inferences to be drawn from them. Jason Stein sheriff 619-708-3332. 2018) (holding the Ex Parte Young doctrine allows for prospective injunctive relief against state officials named in their official capacity). WHEN MY BROTHER DIED HE WEIGHED 70 POUNDS AND HAD A 5'11 FRAME. See Alfonso Martinez v. Nancy Sussman, Superior Court of California, County of San Diego, Case No. Cal. A Rule 12(b)(6) motion to dismiss tests the sufficiency of the complaint. WebMr Michael Preedy. In determining whether to exercise supplemental jurisdiction, the Court examines whether the federal and state law claims "derive from a common nucleus of operative fact[s] such that [a plaintiff] would ordinarily be expected to try them all in one judicial proceeding." THE SUPERIOR COURT OF SAN DIEGO IS CHARGING NANCY SUSSMAN WITH CRIMES NOT COMMITTED TO ASSURE THAT SUMMER STEPHEN DISTRICT ATTORNEY GETS RE-ELECTED AND THAT HER HUSBAND FEDERAL JUDGE DANA SABRAW KEEP UP HIS INVINCIBLE COMPLEX. 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. Plaintiff's Count V is a RICO claim against all Defendants for causing the death of Mr. Sussman. Incognolio will be released by Janx 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. WE NEED DOCTOR LIKE LIAN AND PHILLIPS TO HAVE THEIR MEDICAL LICENSE REMOVED. Click the citation to see the full text of the cited case. On November 14, 2019, Plaintiff, proceeding pro se, filed a timely Notice of Appeal of the Court's order granting Defendants' motion to dismiss. v. Imrex Co., Inc.,473 U.S. 479, 496 (1985). The Defendants described below have moved to dismiss the claims against them. Williams v. Woodford, 384 F.3d 567, 586 (9th Cir. Katzir Floor & Home Designs, Inc. v. M-MLS.com, 394 F.3d 1143, 1148 (9th Cir. Cal. 118 at 1. Re: REFERRAL OF SHERIFF JASON STEIN FOR CHARGES AGAUNST ANDERS HOLTHAUS -DRUG SELLER Leon v. IDX Systems Corp.,464 F.3d 951, 962 (9th Cir. Clark v. Time Warner Cable,523 F.3d 1110, 1116 (9th Cir. Maggie Fink Sussman. When they were timely. Michael's law moves for the indictment of all involved and the immediate removal from the office of Judge So with a full investigation into both matters, the Rief and Sussman covert murders. Jun 2022 - Present9 months. The Court finds that certain of Plaintiff's claims must be dismissed with prejudice. Judge So also gave them a make-believe trial and sent Tammy to jail for 3 years and took part in her son, Jonah Rief, being sold to international sex slavery and he has never been heard from since. They made his mother an involuntary victim against his son, his mother was forced to spend $350,000 to defend his son. Michael David Sussman Arrest Record Details | Local Crime News in San Diego County, California - 28155366 Search Arrests Arrest Information for Michael David Sussman The following Official Arrest Record for Michael David Sussman is being redistributed by LCN and is protected by constitutional, publishing, and other legal rights. Tahoe-Sierra, 322 F.3d at 1078 (citation omitted). 1994 - 2018. THEY VIOLATE EMTALA. Judges are "immune from damage actions for judicial acts taken within the jurisdiction of their courts." 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"). 73, 76, 78, 80-81, 83-86, 89-90]. et al, No. Id. 28 U.S.C. Use the links below to access additional information about this case on the US Court's PACER system. 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. 2002). Id. Mar. Do you want corruption? The address is 4720 Lincoln Blvd 2nd Fl, Marina Del Rey, CA 90292. 2005) (Ferguson, J., concurring) ("[M]unicipal police departments and bureaus are generally not considered `persons' within the meaning of section 1983"); Rodriguez v. Cnty. 1367(c); Sanford v. Member Works, Inc.,625 F.3d 550, 561 (9th Cir. WebQuick Facts 2036 Randolph Drv, San Jose, CA 95128-2727 is the current address for Howard. Select this result to view Michael Anthony Sussmann's phone number, address, Shortly after being released from jail, Mr. Sussman died of a drug overdose. Sedima, S.P.R.L. A prosecutor is immune even when the prosecutor's malicious or dishonest action deprived defendant of his or her liberty. 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. 31 Mar 2017 Leave a Comment. Defendant: Francisco Martinez, San Diego Police Dept., US Border Patrol, Jennifer Simone, Ryan Scott, "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." 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. --------. Accordingly, Plaintiff's claim against ADA Patrick based on her statements to the press is dismissed. Criminal etc, in essence defaming Sussman," which caused Plaintiff to lose her nursing license. Id. 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. WebMs Sussman represented me in a truck auto accident. United States District Court, S.D. See id. As to City Attorney Elliot, she allegedly filed a felony restraining order against Plaintiff. WebLisa Ann Sussman (Reigstration# 124989) is an attorney registered with State Bar of California. at 18. Plaintiff states that she was in a car accident on August 17, 2019, that resulted from the other driver's negligence. See Prior Action Dkt. Applicable Law: 42 U.S.C. 110, 128. | BillionGraves. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. 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." 2004). Plaintiff also names Allstate in her RICO claim but does not allege Allstate's involvement in any conspiracy. Public Dkts. The address is 4720 Lincoln Blvd 2nd Fl, Marina Del Rey, CA 90292. When the mother was able to get him out on bail he died mysteriously 2 days later. 2005) (affirming dismissal with prejudice on res judicata grounds); Strand v. Gov't of U.S.,846 F.2d 1383, at *2 (9th Cir. 2002) (same; noting that where flaws cannot be cured, there is "no need to prolong the litigation by permitting further amendment"). It's Time to Take Action and Fight Back Against San Diegos Corrupt Judicial System, which caused the covert murder of Michael Sussman. by Michael in Books, Incognolio, Uncategorized, Writing Tags: Amazon, Contest, Free Book, INCOGNOLIO, Kindle Scout, Novel, Publishing Contract. 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." Michael was so stressed, so isolated, so psychologically tortured he was found dead by his mother one day after being released from state prison, where the hardened criminal is sent. In deciding whether to exercise supplemental jurisdiction, the court should consider the interests of judicial economy, convenience, fairness, and comity. Fed. 05 Aug 2017 Leave a Comment. 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. Facebook gives people the power to share and makes the world at 23. See Prior Action Dkts. at 18-19. 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. at 31. "Once service is challenged, plaintiff[] bear[s] the burden of establishing that service was valid under Rule 4." 73, 76, 78, 80-81, 83-86, 89-90. 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. 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. Unravel the mystery of Incognolio or go mad! 1367(a), the Court would decline to exercise supplemental jurisdiction under 28 U.S.C. I created a petition to Recall San Diego Judge Kenneth K. So. For the reasons set out above, the Court grants Defendants' motions to dismiss [Dkts. v. The case involved his wife Summer Stephans and was against their friend and endorsers. SAC at 12. A dismissal with prejudice constitutes a "final judgment on the merits" for res judicata purposes. These events are wholly unrelated to the facts underlying the RICO claim, and thus, even reading Plaintiff's SAC liberally, there is no common nucleus of operative facts permitting supplemental jurisdiction. MICHAEL SUSSMAN, Estate thereof by and thru his special administer for the estate and NANCY SUSSMAN: Case Number: 19-56329: Filed: November 18, 2019: Court: U.S. Court of Appeals, Ninth Circuit: Nature of Suit: Other Civil Rights 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). This act is also judicial in nature because reporting unethical attorney conduct is well within the typical acts of a judge. SAC at 24-25. 1995). Plaintiff concludes that Allstate violated the implied covenant of good faith and fair dealing by failing to perform an adequate investigation, settling with the other driver, filing a SR 22 form indicating Plaintiff was at fault, and lying to Plaintiff regarding the fact of the SR 22 form and the settlement. WebJudge Kenneth K So caused a 24 Year old man, Michael Sussman, along with the City Attorneys office and Michael Sussmans own attorney, Michael McCABE, to be Nancy Sussman, et al. Dismissal with prejudice is warranted where amendment would be futile because flaws in the claims cannot be cured. at 19. 1917 - 2009. contact me and Sheriff Stein immediately. Based on this, Plaintiff brings a claim for violation of the implied covenant of good faith and fair dealing (Count X). 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. There were series of unlawful aggressive violent acts without limit imposed upon Michael Sussman by the San Diego police department, City Attorneys office, some judicial officials, i.e. Plaintiff's remaining claims are dismissed without prejudice because amendment would not be clearly futile at this juncture. During Plaintiff's first arrest on August 17, 2019, the SDPD and individually named Officer Tharp allegedly "performed an illegal search of Sussman glove compartment and during that search placed a knife in the glove compartment." 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. Based on this, Plaintiff brings state law claims of false imprisonment, fraud, and deceit against Paradise and Dr. Bhatia (Count IX). Judge Kenneth So, Defendant, represented by Matthew L. Green , Best Best and Krieger LLP. Proc. ADA Patrick likewise allegedly initiated criminal proceedings for an improper purpose, and misrepresented facts to the court. Plaintiff does not state any further context or facts in support of this allegation. 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. Alfonso Martinez, Defendant, represented by Gregory P. Konoske , Konoske Akiyama & Brust LLP. 2003). SAC at 4. Code 911.2, 945.4; Mangold v. California Pub. They may think they have won the battle, but we are here to fight the war. "Racketeering activity" is any act indictable under the several provisions of Title 18 of the United States Code. Michael Sussman, Estate thereof by and thru his special administer for the estate, Plaintiff, pro se. Lab'y,131 F.3d 836, 839 (9th Cir. We know about ten companies registered at this address. Michael Sussman was a victim of retaliation. 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 at 25-27. See Ashcroft v. Iqbal,556 U.S. 662, 678 (2009). Id. Lawrence v. Krahne, 698 F. App'x 504, 504 (9th Cir. First, Plaintiff's claims against the Judicial Defendants are absolutely barred by judicial immunity, and thus Plaintiff cannot cure her claims as to them. Plaintiff's allegations against the Prosecutorial Defendants appear to center around the prosecution of Mr. Sussman. Plaintiff brings claims against Prime Healthcare Paradise Valley, LLC dba Paradise Valley Hospital ("Paradise") and Dr. Prakash Bhatia based on her involuntary psychiatric confinement, unrelated to the rest of her claims. Id. Identity of claims exists "when two suits arise from `the same transactional nucleus of facts.'" WebMichael's Law. Find Reviews, Ratings, Directions, Business Hours, Contact Information and book online appointment. Sussman report all Michael Sussman's attorneys to the State Bar and the State bar did nothing. WebINCOGNOLIO Pre-Orders Go Live! His office has been frustrated by your office not reviewing the material regarding my sons death. SAC at 4, 12-15, 23. a narcissistic psychiatrist went slong with the plan and misused mental health legislation law and help by sociopath Seymour Phillips set the rigged conservatorship in to action. Id. 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. 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). Michael was charged with 18 bogus stacked on misdemeanors. 128. Id. 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