United States District Court, D. Nevada
U.S. BANK TRUST, N.A., Plaintiffs,
SATICOY BAY LLC SERIES 4109 LIBERAL, et al., Defendants.
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).
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).
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).
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).
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). A trustee's deed upon
sale in favor of Saticoy was recorded on November 12, 2015.
(ECF Nos. 1 at 4; 1-8).
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).
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).
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).
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 Starr court stated, in relevant
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 ...