United States District Court, D. Nevada
before the court is a renewed motion to dismiss filed by
defendants BAC Home Loans Servicing, LP, fka Countrywide Home
Loans Servicing, LP ("BAC") and Carrington Mortgage
Services ("CMS" and collectively, with BAC, as
"defendants"). (ECF No. 47). Plaintiff RJRN
Holdings LLC ("RJRN") filed a response (ECF No.
56), to which defendants replied (ECF No. 62).
I. Facts This case involves a dispute over real property
located at 5234 Fire Night Avenue, Las Vegas, Nevada 89122
Davis obtained a loan to purchase the property, which was
secured by a deed of trust in favor of Pulte Mortgage LLC and
recorded on January 6, 2009. (ECF No. 4 at 6).
Mortgage LLC transferred the beneficial interest in the deed
of trust to BAC via a corporate assignment deed recorded on
August 11, 2010. (ECF No. 4 at 6).
North Homeowners' Association (the "HOA")
claimed a lien on the property for assessments accruing
pursuant to the covenants, conditions, and restrictions
("CC&Rs"). (ECF No. 4). The HO A conducted a
foreclosure sale pursuant to NRS Chapter 116. (ECF No. 4 at
Archambault ("Archambault") purchased the property
at the foreclosure sale and recorded the trustee's deed
upon sale on April 18, 1012. (ECF No. 4 at 6). RJRN obtained
title to the property via quitclaim deed recorded on February
10, 2014. (ECF No. 4 at 6).
recorded a request for notification of default on December
14, 2014. (ECF No. 4 at 7).
filed the original complaint in state court on June 6, 2015,
alleging three causes of action: (1) declaratory relief/quiet
title; (2) preliminary and permanent injunction; and (3)
slander to title. (ECF No. 4). Defendants removed the action
to federal court on July 2, 2015. (ECF No. 1).
instant motion, defendants move to dismiss the complaint
pursuant to Federal Rule of Civil Procedure 12(b)(6). (ECF
may dismiss a complaint for "failure to state a claim
upon which relief can be granted." Fed.R.Civ.P.
12(b)(6). A properly pled complaint must provide "[a]
short and plain statement of the claim showing that the
pleader is entitled to relief." Fed.R.Civ.P. 8(a)(2);
Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555
(2007). While Rule 8 does not require detailed factual
allegations, it demands "more than labels and
conclusions" or a "formulaic recitation of the
elements of a cause of action." Ashcroft v.
Iqbal, 556 U.S. 662, 678 (2009) (citation omitted).
allegations must be enough to rise above the speculative
level." Twombly, 550 U.S. at 555. Thus, to
survive a motion to dismiss, a complaint must contain
sufficient factual matter to "state a claim to relief
that is plausible on its face." Iqbal, 556 U.S.
at 678 (citation omitted).
Iqbal, the Supreme Court clarified the two-step
approach district courts are to apply when considering
motions to dismiss. First, the court must accept as true all
well-pled factual allegations in the complaint; however,
legal conclusions are not entitled to the assumption of
truth. Id. at 678-79. Mere recitals of the elements
of a cause of action, supported only by conclusory
statements, do not suffice. Id. at 678.
the court must consider whether the factual allegations in
the complaint allege a plausible claim for relief.
Id. at 679. A claim is facially plausible when the
plaintiffs complaint alleges facts that allow the court to
draw a reasonable inference that the defendant is liable for
the alleged misconduct. Id. at 678.
the complaint does not permit the court to infer more than
the mere possibility of misconduct, the complaint has
"alleged-but not shown-that the pleader is entitled to
relief." Id. (internal quotation marks
omitted). When the allegations in a complaint have not
crossed the line from ...