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U.S. Bank Trust, N.A. v. Saticoy Bay LLC Series 4109 Liberal

United States District Court, D. Nevada

April 28, 2017

U.S. BANK TRUST, N.A., Plaintiffs,
v.
SATICOY BAY LLC SERIES 4109 LIBERAL, et al., Defendants.

          ORDER

         Presently before the court is defendant Saticoy Bay LLC Series 4109 Liberal's (“Saticoy”) motion to dismiss. (ECF No. 11). Plaintiff U.S. Bank Trust, N.A., as trustee for LSF9 Master Participation Trust (“US Bank”) filed a response (ECF No. 20), to which Saticoy replied (ECF No. 21).

         I. Facts

         This case involves a dispute over real property located at 4109 Liberal Court, N. Las Vegas, Nevada 89032 (the “property”). On October 7, 2008, Richard Jackson obtained a loan from MetLife Home Loans in the amount of $157, 140.00 to purchase the property, which was secured by a deed of trust recorded that same date. (ECF No. 1 at 3).

         On August 14, 2012, the designated agent for defendant Harmony Homeowners Association, Inc. (the “HOA”) recorded a notice of delinquent assessment lien, stating an amount due of $750.00. (ECF Nos. 1 at 4; 1-5).

         The deed of trust was assigned to JPMorgan Chase Bank, N.A. via a corporate assignment of deed of trust recorded on October 11, 2013. (ECF No. 1 at 3).

         On April 30, 2014, the HOA's agent recorded a notice of default and election to sell to satisfy the delinquent assessment lien, stating an amount due of $2, 994.84. (ECF Nos. 1 at 3; 1-6). On September 2, 2015, the HOA's agent recorded a notice of trustee's sale, stating an amount due of $7, 933.97. (ECF Nos. 1 at 3; 1-7). On September 24, 2015, Saticoy purchased the property at the foreclosure sale for $20, 100.00. (ECF No. 1 at 4).[1] A trustee's deed upon sale in favor of Saticoy was recorded on November 12, 2015. (ECF Nos. 1 at 4; 1-8).

         After the foreclosure sale had extinguished the deed of trust, it was assigned to the Secretary of Housing and Urban Development via an assignment of deed of trust (ECF No. 1-9), then to U.S. Bank via an assignment of deed of trust (ECF No. 1-10), both of which were recorded on January 15, 2016, respectively. (ECF No. 1 at 4).

         On September 15, 2016, U.S. Bank filed the underlying complaint, alleging four causes of action: (1) quiet title/declaratory judgment against Saticoy and the HOA; (2) preliminary and permanent injunction against Saticoy; (3) unjust enrichment against Saticoy and the HOA; and (4) wrongful foreclosure against the HOA. (ECF No. 1).

         In the instant motion, Saticoy moves to dismiss U.S. Bank's claims against it pursuant to Federal Rule of Civil Procedure 12(b)(6). (ECF No. 11).

         II. Legal Standard

         A court 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).

         “Factual 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).

         In 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.

         Second, 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.

         Where 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.

         The Ninth Circuit addressed post-Iqbal pleading standards in Starr v. Baca, 652 F.3d 1202, 1216 (9th Cir. 2011). The Starr court stated, in relevant part:

First, to be entitled to the presumption of truth, allegations in a complaint or counterclaim may not simply recite the elements of a cause of action, but must contain sufficient allegations of underlying facts to give fair notice and to enable the opposing party to defend itself effectively. Second, the factual allegations that are taken as true must plausibly suggest an entitlement to relief, such that it is not ...

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