Kevin Realworldfare v. Tamara Lucile Wagner

• Court: District Court, C.D. California
• Decided: May 29, 2025
• Docket: 5:25-cv-01287
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES—GENERAL

Case No. EDCV 25-1287-KK-SHKx Date: May 29, 2025 Title:

Present: The Honorable KENLY KIYA KATO, UNITED STATES DISTRICT JUDGE

Noe Ponce Not Reported Deputy Clerk Court Reporter

Attorney(s) Present for Plaintiff(s): Attorney(s) Present for Defendant(s): None Present None Present

Proceedings: (In Chambers) Order DISMISSING the Action On May 27, 2024, non-attorneys Kevin Realworldfare (“Realworldfare”) and Corey Walker (“Walker”) filed a Complaint on behalf of New Beginnings Trust (“Plaintiff”) against defendants Tamara Lucile Wagner, Kai Fan, and Doe defendants (collectively, “Defendants”) asserting various federal and state claims arising from Defendants’ performance of their official duties as judicial officers. ECF Docket No. (“Dkt.”) 1.

As held by the Ninth Circuit, a trust must be represented by an attorney at law. C.E. Pope Equity Trust v. United States, 818 F.2d 696, 697-698 (9th Cir. 1987); see also Hale Joy Tr. v. C.I.R., 57 Fed. Appx. 323 (9th Cir. 2003) (unpublished). Accordingly, “[a] non-attorney may not represent a trust pro se in an Article III court.” Hale Joy Tr., 57 Fed. Appx. at 324. Moreover, Local Rule 83- 2.2.2 provides, “[o]nly individuals may represent themselves pro se. No organization or entity of any other kind (including corporations, limited liability corporations, partnerships, limited liability partnerships, unincorporated associations, trusts) may appear in any action or proceeding unless represented by an attorney permitted to practice before this Court under L.R. 83-2.1.”

Here, Realworldfare and Walker, who signed the Complaint on behalf of Plaintiff, a trust, are not attorneys at law. Realworldfare and Walker only purport to be authorized representatives and/or fiduciaries of Plaintiff. See dkt. 1 at 1-2. Hence, Realworldfare and Walker may not bring and maintain this action on behalf of Plaintiff.

Therefore, this action is DISMISSED without prejudice.

IT IS SO ORDERED. (JS-6)