Pafford v. Dictos
1:25-cv-00636
E.D. Cal.Jun 3, 2025Background
- Rebecca Louise Pafford, proceeding pro se, filed motions for preliminary injunction and temporary restraining order against multiple defendants to prevent a foreclosure sale of her property and to compel the Fresno County Recorder’s Office to record certain legal documents.
- Plaintiff alleges issues involving foreclosure and the refusal of the County Recorder to record trust-related instruments, asserting claims tied to a purported ecclesiastical trust.
- The complaint attempts to establish federal jurisdiction based on diversity and references potential federal question grounds, but fails to allege complete diversity or a substantial federal question.
- No defendant had yet been properly served or appeared in the action at the time of the ruling, undermining the court’s ability to grant effective preliminary relief.
- The court found Plaintiff’s complaint failed to comply with basic federal pleading standards, lacking a clear, well-pleaded factual basis for relief.
- The court recommends denial of both motions for lack of subject matter jurisdiction, failure to show likelihood of success, absence of irreparable harm, and procedural defects.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Subject Matter Jurisdiction | Diversity and implied federal issues justify it | Not served; mostly silent | No jurisdiction; neither diversity nor federal question established |
| Likelihood of Success on the Merits | Alleged constitutional and civil rights violations | Not served; mostly silent | Not likely to succeed; complaint deficient |
| Irreparable Harm & Need for TRO | Faces imminent foreclosure and Recorder refusal | Not served; mostly silent | No irreparable harm shown; insufficient detail |
| Compliance with Notice & Procedure | Implied urgency justifies curtailment | Not served; mostly silent | No actual notice or satisfactory justification |
Key Cases Cited
- Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7 (Preliminary injunction standard; must show likelihood of success and irreparable harm)
- City of Los Angeles v. Lyons, 461 U.S. 95 (Court needs actual case or controversy for jurisdiction)
- Kokkonen v. Guardian Life Ins. Co., 511 U.S. 375 (Federal courts presumption against jurisdiction; must be affirmatively shown)
- Ashcroft v. Iqbal, 556 U.S. 662 (Pleading must contain more than conclusory statements)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (Complaint must state a plausible claim to relief)
- Caterpillar, Inc. v. Williams, 482 U.S. 386 (Federal question must appear on the face of well-pleaded complaint)
- Bender v. Williamsport Area Sch. Dist., 475 U.S. 534 (Federal courts lack jurisdiction unless clearly appears in the record)