Kevin Realworldfare v. Tamara Lucile Wagner
5:25-cv-01330
| C.D. Cal. | Jul 17, 2025Background
- Plaintiffs Kevin Realworldfare and Corey Walker, proceeding pro se, sued Tamara Wagner (a state court commissioner), Kai Fan, and Does, stemming from an unlawful detainer (eviction) action in Riverside County Superior Court.
- Plaintiffs sought immediate restoration of possession of property, injunctions against further state court action, and a stay of prior state court orders.
- The Court previously denied Plaintiffs’ first request for emergency injunctive relief.
- Plaintiffs then filed a second, nearly identical motion, now construed by the Court as a motion for reconsideration.
- Plaintiffs submitted additional affidavits and documents, asserting new interpretations of jurisdiction and authority.
- Defendants did not appear or file an opposition; the motion was decided on the papers.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Injunctive relief against state court proceedings | Federal court has authority to enjoin state unlawful detainer actions | Not present | Court lacks authority to enjoin ongoing state detainer cases |
| Judicial immunity for state commissioner (Wagner) | Wagner exceeded jurisdiction, so no immunity | Not present | Wagner is immune for acts within her judicial capacity |
| Standard for reconsideration | New facts and interpretations justify revisiting denial of injunctive relief | Not present | No new facts or law; reconsideration denied |
| Federal jurisdiction over state court matters | Removal established exclusive federal jurisdiction; oversight required | Not present | Plaintiffs fundamentally misconstrue federal removal law |
Key Cases Cited
- United States v. Smith, 389 F.3d 944 (9th Cir. 2004) (discusses when a district court may reconsider prior rulings while retaining jurisdiction)
- City of Los Angeles v. Santa Monica Baykeeper, 254 F.3d 882 (9th Cir. 2001) (outlines a court’s inherent power to reconsider its interlocutory orders)
