Paige Kilburn v. Del Patterson

I. BACKGROUND

19 Plaintiff Paige Kilburn (“Plaintiff”) initiated this action in Orange County 20 Superior Court (“OCSC”) by filing a complaint, dated October 30, 2023, alleging a 21 single cause of action for unlawful detainer regarding a property located at 13152 22 Laburnum Drive, Tustin, California 90872 (the “Subject Property”). (Notice of 23 Removal (“NOR”), Docket No. 1, Exh. 1). On June 13, 2024, nearly eight months 24 after the matter was initiated in OCSC, Alfred McZeal, Jr. (“McZeal”), proceeding 25 pro se, removed the matter to this Court invoking federal question and diversity 26 27 28 jurisdiction pursuant to 28 U.S.C. § 1441(a) and bankruptcy jurisdiction as an alternative third basis for jurisdiction. On July 29, 2024, the Court issued an Order to Show Cause Why the Action Should not be Remanded for Lack of Subject Matter Jurisdiction (the “OSC”). (OSC, Docket No. 14). McZeal filed his response to the OSC (the “Response”) on August 5, 2024, (Docket No. 18), and included a Request for Judicial Notice (“RJN”) (Docket No. 19) requesting that the Court take notice of two exhibits: (1) a “trustee deed upon sale – (by reference…