United States District Court, D. Nevada
C. MAHAN UNITED STATES DISTRICT JUDGE
before the court is defendant Riverwalk Ranch Crossing
Homeowners Association's (the “HOA”) motion
to dismiss. (ECF No. 17). Plaintiff Bank of America, N.A.
(“BANA”) filed a response (ECF No. 21), to which
the HOA replied (ECF No. 22).
case involves a dispute over real property located at 4508
Silverwind Road, North Las Vegas, Nevada (the
“property”). On August 11, 2009, Alan Kolb
obtained a loan in the amount of $191, 627.00 to purchase the
property located at 4508 Silverwind Road, North Las Vegas,
Nevada (the “property”). (ECF No. 1). The loan is
guaranteed by the Department of Veterans Affairs Home Loan
Guarantee Program. (ECF No. 1).
December 30, 2011, defendant Absolute Collection Services,
LLC (“ACS”), acting on behalf of the HOA,
recorded a notice of delinquent assessment lien, stating an
amount due of $1, 281.91. (ECF No. 1).
February 10, 2012, ACS recorded a notice of default and
election to sell to satisfy the delinquent assessment lien,
stating an amount due of $2, 240.08. (ECF No. 1).
March 8, 2012, BANA requested a ledger from the HOA, which
the HOA allegedly refused to provide. (ECF No. 1). The deed
of trust was assigned to BANA via an assignment of deed of
trust recorded on March 21, 2012. (ECF No. 1).
20, 2012, ACS recorded a notice of trustee's sale,
stating an amount due of $3, 852.62. (ECF No. 1). On November
6, 2012, Val Grigorian purchased the property at the
foreclosure sale for $6, 300.00. (ECF No. 1). A foreclosure
deed in favor of Grigorian was recorded on November 8, 2012.
(ECF No. 1).
September 21, 2016, BANA filed the underlying complaint,
alleging four causes of action: (1) quiet title/declaratory
judgment against all defendants; (2) breach of NRS 116.1113
against the HOA and ACS; (3) wrongful foreclosure against the
HOA and ACS; and (4) injunctive relief against SFR. (ECF No.
instant motion, the HOA moves to dismiss arguing that the
court lacks subject matter jurisdiction pursuant to Chapter
38 of the Nevada Revised Statutes and that BANA failed to
state a claim upon which relief can be granted pursuant to
Federal Rule of Civil Procedure 12(b)(6). (ECF No. 17). The
court will address each as it sees fit.
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 ...