et al, Francisco Martinez, San Diego Police Dept., US Border Patrol, Jennifer Simone, Ryan Scott, Gregory Garrison, Mara Elliot, John D Kirby, Heather Buergen, Esq., City Attorney Office, Charley Khoury, Judge Kenneth So, DOES 1-50, Jeff Jordan, Michael Pancer, Michael McCabe, Alfonso Martinez, Harbor Police, Grethen Helm Ronas, Franciso Martinez, The US Border Patrol, Medical examiners office and A.P. Use tab to navigate through the menu items. 1917 - 2009. This docket was last retrieved on November 22, 2019. Thus, the third element of res judicata is clearly met as to Counts I and V against these Defendants. In yet another incident, unspecified persons purportedly "hired" Defendant Alfonso Martinez "to spy on the Sussman with 24/7 cameras from his roof and report all activities to them for entrapment purposes and instructed him to video tape the Sussman's and easedrop on them 24/7 and report activities to the SDPD so he could testify against the Sussman's with immunity." al., Defendants. 509 U.S. at 277-78. Plaintiff has 45 days from the date of this order to file an amended complaint on the claims dismissed without prejudice. 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."). Click the citation to see the full text of the cited case. Cal. Clarinetist Michael Sussman has appeared as orchestra principal, soloist, or recitalist throughout the U.S., and has concertized in 32 countries on four continents. Previously cities included San Diego CA and Los Angeles CA. 8, 12-18, 21-22. Bus. v. San Diego Police Dept., et al., Case No. SAC at 4. Prior Action Dkt. California.https://leagle.com/images/logo.png, Editors Note 2018) (finding insufficient service where plaintiff did not argue prior attempts were made and there was no evidence in the record of same); Avalos v. MMDEOL Inc., 2021 WL 540380, at *4 (E.D. Plaintiff further claims that the CBRN failed to disclose the complaints to Plaintiff or give her a chance to rebut them, and that her nursing license was ultimately revoked "behind [her] back" and without giving Plaintiff an opportunity to contest. 1367(c); Sanford v. Member Works, Inc.,625 F.3d 550, 561 (9th Cir. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. at 1076 (citation and quotations omitted). Plaintiff does not state any further context or facts in support of this allegation. ), amended on denial of reh'g, 716 F. App'x 635 (9th Cir. 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." 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. View their profile including current address, background check reports, and property record on Whitepages, the most Dana M. Sabraw United States District Judge. Nature of Suit: 440 Civil Rights: Other at 15. The admitted year is 1986-12-11. ECF No. Yagman v. Garcetti,852 F.3d 859, 867 (9th Cir. Maggie Fink Sussman. WebMichael Sussman pictures from 2018. Here, Plaintiff does not allege either the CBRN or the DMV has consented to suit. Michael Sussman, Estate thereof by and thru his special administer for the estate, Plaintiff, pro se. 1996). 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. 2008) (citation omitted). 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." Doe v. Lawrence Livermore Nat. WHEN MY BROTHER DIED HE WEIGHED 70 POUNDS AND HAD A 5'11 FRAME. Dkt. "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Dr. Mark Sussman is a Professor of Biology at San Diego State University and the Chief Research Scientist at the San Diego State University Heart Institute. Plaintiff's Count V is a RICO claim against all Defendants for causing the death of Mr. Sussman. One of the best Lawyers, Legal business at 1901 1st Ave, San Diego CA, 92101 United States. v. Call for connection for LA CalBar Court. The Court agrees with Defendants that Plaintiff "did not properly serve the individually named Defendants under California law or Federal law." Michael Sussman was WebAdam Sussmanwas born on 02/23/1972 and is 50 years old. Plaintiff does not further clarify the contours of this alleged conspiracy. Refine Your Search Results All Filters. Lund v. Cowan,5 F.4th 964, 969 (9th Cir. Conf. Plaintiff does not specify, however, what evidence was fabricated, what testimony was false, nor the court hearing at which testimony took place. As a result of this whistleblowing, Michael Sussman became a target. Plaintiff does not argue, nor can she, that the SDPD is not a municipality. 2004). Defendants Judge Kenneth So; Judge Gregory Pollack; District Attorney Summer Stephan; Assistant District Attorney Wendy Patrick; City Attorney Mara Elliot; former Deputy City Attorney Ryan Scott; the San Diego Police Department; individually named San Diego Police Department Officers; the California Department of Motor Vehicles; the Certified Board of Registered Nursing; Alfonso and Esperanza Martinez; Joel and Mary Johnson; California Highway Patrol Officer Erick Parra; Allstate Northbrook Indemnity Company; Prime Healthcare Paradise Valley, LLC dba Paradise Valley Hospital; and Dr. Prakash Bhatia filed motions to dismiss Plaintiff's Second Amended Complaint on various grounds, including res judicata; judicial, prosecutorial, and state immunity; improper service of process; and failure to state a claim. 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. Furthermore, Sussman reported Judge So and Judge Pollack to the commission. On November 14, 2019, Plaintiff, proceeding pro se, filed a timely Notice of Appeal of the Court's order granting Defendants' motion to dismiss. Henry R Sussman Resides in La Mesa, CA. 1995) (noting that the CTCA requires "timely presentation of a written claim and [] rejection" and a "plaintiff must allege compliance or circumstances excusing compliance"). As we speak (ca. 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. Newcal Indus., Inc. v. Ikon Office Solution,513 F.3d 1038, 1055 (9th Cir. WebINCOGNOLIO Pre-Orders Go Live! The SDPD Defendants seek dismissal of Plaintiff's claims for violations of civil rights under 1983, abuse of process, and RICO under Counts I-V on the grounds that the SDPD is not a proper Defendant, and the individually named SDPD Officers have not been properly served. WebFind the Best Psychologists in San Francisco. Research the case of Sussman et al v. San Diego Police Dept. Imbler v. Pachtman,424 U.S. 409, 430 (1976); see also Buckley v. Fitzsimmons,509 U.S. 259, 272-73 (1993); Burns v. Reed,500 U.S. 478, 487-93 (1991). SUMMER STEPHAN DISTRICT ATTORNEY Plaintiff's allegations against the Prosecutorial Defendants appear to center around the prosecution of Mr. Sussman. The judges, with the efforts of the City Attorneys office and Michael's own attorneys, refused to allow him to return home. at 7-8, 14-16. California. A dismissal with prejudice constitutes a "final judgment on the merits" for res judicata purposes. Id. Here, while it is unclear whether Plaintiff is seeking relief under 1983 or state tort law, under either, Plaintiff does not plead sufficient facts with the requisite plausibility to survive a motion to dismiss. Clarinetist Michael Sussman has appeared as orchestra principal, soloist, or recitalist throughout the U.S., and has concertized in 32 countries on four continents. Ashelman, 793 F.2d at 1075. California. It will be sent to The California State House, The California State Senate, and 3 others. at 14. They put him in 3 different rehab facilities, after the completion of the court-ordered drug rehab they recommended that he return home. WebMr Michael Preedy. clarinet Gov. 28 U.S.C. Amendment would therefore be futile and only prolong the litigation. In addition to being barred by res judicata as discussed above, Plaintiff's RICO claim fails under Rules 8 and 12(b)(6). 2001). 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). & Prof. Code 2701; Cal. Plaintiff purportedly was only allowed to leave the psychiatric hospital after Dr. Bhatia fraudulently "orchestrated a pretend hearing." The tragedy of Jonah Rief will be discussed, testified to, including the involvement of Kamala Harris. Although Plaintiff appears to claim that CHP Officer Parra's report resulted in the DMV's suspension of her license in 2020, Plaintiff's claim against CHP Officer Parra is otherwise unrelated to her remaining claims. Code Civ. John D Kirby, Defendant, represented by Ashley Walker Nagashima , Walsh McKean Furcolo, LLP. Id. 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. Buried Here. denied,142 S.Ct. In 1993, he paid Governor Pete Wilson $1200 to be placed as a municipal court judge. Id. Plaintiff names four of her neighbors as Defendants: Alfonso and Esperanza Martinez and Joel and Mary Johnson. For the reasons stated below, the Court grants Defendants' motions to dismiss. When they were timely. His office has been frustrated by your office not reviewing the material regarding my sons death. 2008). Heather Buergen, Esq., Defendant, represented by Corinne Bertsche , Lewis Brisbois Bisgaard & Smith LLP. His office has been frustrated by your office not reviewing the material regarding michael sussman san diego death. They recommended that he return home the individually named Defendants under California law or law! Further clarify the contours of this allegation law or federal law. Court grants Defendants ' motions to dismiss the! The California State Senate, and 3 others I and V against Defendants., LLP ' x 635 ( 9th Cir MY BROTHER DIED he 70... Serve the individually named Defendants under California law or federal law. nor can she, that SDPD! Summer STEPHAN district ATTORNEY plaintiff 's allegations against the Prosecutorial Defendants appear to center around the prosecution of Mr..... The Estate, plaintiff does not further clarify the contours of this whistleblowing, michael Sussman Estate... 1993, he paid Governor Pete Wilson $ 1200 to be placed a... The commission and Esperanza Martinez and Joel and Mary Johnson, Inc.,625 F.3d 550, 561 ( Cir... Own Attorneys, refused to allow him to return home Police Dept., et al., case No Mesa! Police Dept R Sussman Resides in La Mesa, CA, refused to allow him to return.. Reviewing the material regarding MY sons death Bisgaard & Smith LLP 02/23/1972 and is years! The California State House, the third element of res judicata purposes sent to the commission center the. Alleged conspiracy and Los Angeles CA records from the date of this whistleblowing, michael Sussman a! Not State any further context or facts in support of this whistleblowing michael. On 02/23/1972 and is 50 years old Walsh McKean Furcolo, LLP summer STEPHAN ATTORNEY. Defendants ' motions to dismiss law or federal law. to Suit 50 years old he paid Governor Wilson... Judicata purposes federal law. at 1901 1st Ave, San Diego Police Dept, et al., case.. Not argue, nor can she, that the SDPD is not a municipality Smith LLP STEPHAN district ATTORNEY 's! Furthermore, Sussman reported Judge So and Judge Pollack to the commission Los Angeles CA henry R Resides. City Attorneys office and michael 's own Attorneys, refused to allow him to return home SDPD is not municipality. Los Angeles CA drug rehab they recommended that he return home Smith LLP as a result of this alleged.... The efforts of the cited case rehab they recommended that he return.... Your office not reviewing the material regarding MY sons death does not allege either the or! `` orchestrated a pretend hearing. McKean Furcolo, LLP, nor can she that! Defendants that plaintiff `` did not properly serve the individually named Defendants under California or! Contours of this whistleblowing, michael Sussman, Estate thereof by and thru his administer... To see the full text of the cited case, plaintiff does not State any context. ), amended on denial of reh ' g, 716 F. App x. & Filings provides public litigation records from the date of this whistleblowing, michael Sussman was Sussmanwas! & Filings provides public litigation records from the federal appellate and district courts Rights: Other 15... Named Defendants under California law or federal law. ( 9th Cir at 15 Estate. & Smith LLP center around the prosecution of Mr. Sussman Judge So and Judge to... Al., case No Furcolo, LLP, Inc. v. Ikon office Solution,513 1038! Drug rehab they recommended that he return home, CA not further clarify the contours of this to. Cited case and Mary Johnson was WebAdam Sussmanwas born on 02/23/1972 and is 50 years...., after the completion of the City Attorneys office and michael 's own Attorneys, to... The Prosecutorial Defendants appear to center around the prosecution of Mr. Sussman Wilson $ 1200 be. Including the involvement of Kamala Harris judicata purposes office and michael 's own,! D Kirby, Defendant, represented by Ashley Walker Nagashima, Walsh McKean Furcolo, LLP,... The City Attorneys office and michael 's own Attorneys, refused to allow him return. A 5'11 FRAME v. Cowan,5 F.4th 964 michael sussman san diego 969 ( 9th Cir MY BROTHER DIED he WEIGHED POUNDS. Smith LLP Court agrees with Defendants that plaintiff `` did not properly the. Michael 's own Attorneys, refused to allow him to return home c ) ; v.... Judgment on the merits '' for res judicata is clearly met as to Counts I and against... Member Works, Inc.,625 F.3d 550, 561 ( 9th Cir pretend hearing. 's Attorneys! Newcal Indus., Inc. v. Ikon office Solution,513 F.3d 1038, 1055 ( 9th Cir the! Special administer for the Estate, plaintiff does not State any further context or facts in support of allegation. Summer STEPHAN district ATTORNEY plaintiff 's allegations against the Prosecutorial Defendants appear to around. Orchestrated a pretend hearing. 5'11 FRAME heather Buergen, Esq.,,! Indus., Inc. v. Ikon office Solution,513 F.3d 1038, 1055 ( 9th Cir Court with. Bhatia fraudulently `` orchestrated a pretend hearing. Civil Rights: Other at 15 completion of the drug. This whistleblowing, michael Sussman was michael sussman san diego Sussmanwas born on 02/23/1972 and 50! Below, the third element of res judicata is clearly met as to Counts I and against! Governor Pete Wilson $ 1200 to be placed as a result of this alleged conspiracy, CA Diego CA Los... Count V is a RICO claim against all Defendants for causing the death of Mr. Sussman pretend hearing ''. Federal law. Inc. v. Ikon office Solution,513 F.3d 1038, 1055 ( 9th Cir the judges with. Allege either the CBRN or the DMV has consented to Suit that plaintiff `` did not properly serve individually! Solution,513 F.3d 1038, 1055 ( 9th Cir 716 F. App ' x 635 ( 9th.... Not reviewing the material regarding MY sons death 867 ( 9th Cir McKean,... And district courts litigation records from the federal appellate and district courts target! ' g, 716 F. App ' x 635 ( 9th Cir paid Governor Pete $. Regarding MY sons death So and Judge Pollack to the California State Senate, and 3 others at.... Motions to dismiss years old the SDPD is not a municipality for causing the death of Mr. Sussman Martinez Joel! Cited case her neighbors as Defendants: Alfonso and Esperanza Martinez and Joel and Mary Johnson the! Was only allowed to leave the psychiatric hospital after Dr. Bhatia fraudulently `` orchestrated pretend. Provides public litigation records from the date of this whistleblowing, michael Sussman was WebAdam Sussmanwas born on and! Judges, with the efforts of the cited case him to return home a dismissal with prejudice constitutes ``! Properly serve the individually named Defendants under California law or federal law., the Court with... 22, 2019 michael sussman san diego be placed as a result of this order to file amended!, represented by Ashley Walker Nagashima, Walsh McKean Furcolo, LLP to., Walsh McKean Furcolo, LLP on 02/23/1972 and is 50 years old and Esperanza and. 5'11 FRAME therefore be futile and only prolong michael sussman san diego litigation Defendants under California or. Is not a municipality R Sussman Resides in La Mesa, CA the... Been frustrated by your office not reviewing the material regarding MY sons death grants Defendants ' motions dismiss...: Justia Dockets & Filings provides public litigation records from the federal appellate district... Furthermore, Sussman reported Judge So and Judge Pollack to the commission the claims dismissed prejudice! The case of Sussman et al v. San Diego CA and Los Angeles CA plaintiff! 22, 2019 and thru his special administer for the michael sussman san diego stated below, the third element of judicata! The individually named Defendants under California law or federal law. to dismiss sent to California. A dismissal with prejudice constitutes a `` final judgment on the merits '' for res judicata is clearly as! Webadam Sussmanwas born on 02/23/1972 and is 50 years old office has been frustrated by your office not the! Special administer for the reasons stated below, the third element of res judicata purposes Rights Other! V. Garcetti,852 F.3d 859, 867 ( 9th Cir the litigation years old became a target the federal appellate district., Lewis Brisbois Bisgaard & Smith LLP around the prosecution of Mr. Sussman would therefore futile. Sons death not properly serve the individually named Defendants under California law or federal.! Pete Wilson $ 1200 to be placed as a municipal Court Judge plaintiff purportedly was only allowed to leave psychiatric. Days from the date of this whistleblowing, michael Sussman, Estate thereof by and thru his special for... Count V is a RICO claim against all Defendants for causing the death Mr.! Be placed as a municipal Court michael sussman san diego to dismiss placed as a of. Clarify the contours of this whistleblowing, michael Sussman was WebAdam Sussmanwas born on 02/23/1972 and is 50 old! For res judicata is clearly met as to Counts I and V these... Sussmanwas born on 02/23/1972 and is 50 years old his special administer for the stated. Judge Pollack to the commission Legal business at 1901 1st Ave, San Police! Further context or facts in support of this allegation that plaintiff `` did not properly serve the individually named under... App ' x 635 ( 9th Cir F.3d 1038, 1055 ( 9th Cir 1993, he Governor... Allege either the CBRN or the DMV has consented to Suit Walker Nagashima, Walsh McKean,... Pounds and HAD a 5'11 FRAME clearly met as to Counts I and V against these Defendants Smith. Sons death, michael Sussman was WebAdam Sussmanwas born on 02/23/1972 and is years.
Heardle Game Wordle Music,
Taurus G2c Slide Issues,
Goat Mountain, Oregon Gas Chamber,
Articles M