United States District Court, D. Nevada
C. MAHAN, UNITED STATES DISTRICT JUDGE
before the court is defendant Independence II Homeowners
Association's (the “HOA”) motion to dismiss.
(ECF No. 14). Plaintiff JPMorgan Chase Bank, N.A.
(“JPMorgan”) filed a response (ECF No. 19), to
which the HOA replied (ECF No. 29).
before the court is defendant SFR Investments Pool 1,
LLC's (“SFR”) motion to certify a question of
law to the Nevada Supreme Court. (ECF No. 25). JPMorgan filed
a response (ECF No. 32), to which SFR replied (ECF No. 35).
case involves a dispute over property located at 9233 Nerone
Avenue, Las Vegas, Nevada 89148 (the “property”)
that was subject to a homeowners' association
superpriority lien for delinquent assessment fees.
September 7, 2012, SFR purchased the property at a
foreclosure sale for $4, 400.00, and a trustee's deed in
favor of SFR was recorded on September 11, 2012. (ECF No. 1).
September 7, 2016, JPMorgan filed the underlying complaint
against SFR and the HOA, alleging three causes of action: (1)
declaratory relief; (2) quiet title; and (3) unjust
enrichment. (ECF No. 1).
instant motions, the HOA moves to dismiss JPMorgan's
claims against it as time-barred, for failure to mediate
pursuant to NRS 38.310, and for failure to state a claim
pursuant to Federal Rule of Civil Procedure 12(b)(6) (ECF No.
14); SFR moves to certify a question of law (ECF No. 25). The
court will address each in turn.
Motion to Dismiss
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
plaintiff's 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 conceivable to plausible,
plaintiff's claim must be dismissed. Twombly,
550 U.S. at 570.
Ninth Circuit addressed post-Iqbal pleading
standards in Starr v. Baca, 652 F.3d 1202, 1216 (9th
Cir. 2011). The ...