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Trueman v. Clark County

United States District Court, D. Nevada

May 24, 2017

KRISTIN TRUEMAN, Plaintiff(s),
v.
CLARK COUNTY, Defendant(s).

          ORDER

         Presently before the court is defendant Clark County's (“Clark County” or “defendant”) motion to dismiss. (ECF No. 8). Plaintiff Kristin Trueman (“Trueman” or “plaintiff”) filed a response (ECF No. 14), [1] to which Clark County replied (ECF No. 15).

         I. Facts

         This instant case involves various causes of actions regarding the eviction of Trueman from 10520 Angel Dreams, Las Vegas, Nevada (the “property”). (ECF No. 1 at 2). On November 1, 2013, Trueman and her fiancé, Mr. Landon Amini (“Amini”), entered into a one-year residential lease agreement with nonparty Dr. Randy Le (“Dr. Le”) for the property. (ECF No. 1 at 2).

         On August 7, 2014, Homewood served a five-day notice to pay or quit addressed to Trueman and Amini. (ECF No. 1 at 2).

         On August 20, 2014, Trueman commenced a bankruptcy proceeding leading to an automatic stay under 11 U.S.C. § 362(a). (ECF No. 1 at 2).

         On August 25, 2014, Homewood began an eviction proceeding in state court against Trueman and Amini.[2] (ECF No. 1 at 2-3). Three days later the Nevada state court entered a summary eviction order against Amini. (ECF No. 1 at 3).

         On September 2, 2014, Trueman filed a notice of her pending bankruptcy regarding the state court's summary of eviction order. (ECF No. 1 at 3).

         On or about September 2, 2014, deputy officers for the Las Vegas township constable[3](“deputy constable officers”) entered the property to remove Trueman and Amini from the premises. (ECF No. 1 at 3). Amini informed the Homewood representative that Trueman filed for bankruptcy. (ECF No. 1 at 3). Once the deputy constable officer verified Trueman did in fact file for bankruptcy, the deputy constable officer and the Homewood representative left the premises. (ECF No. 1 at 3).

         Thereafter, on October 23, 2014, Dr. Le commenced a separate eviction proceeding in Nevada state court against Trueman.[4] (ECF No. 1 at 3). On October 25, 2014, the state court denied Dr. Le's request for summary eviction. (ECF No. 1 at 3).

         On the morning of November 4, 2014, deputy constable officers and Las Vegas Metropolitan Police Department (“LVMPD”) officers evicted Trueman and Amini from the property. (ECF No. 1 at 3-4).

         Two years later, on November 4, 2016, Trueman filed the instant complaint. (ECF No. 1). Trueman alleges six causes of action against Clark County: (1) wrongful eviction; (2) constitutional rights violation under 42 U.S.C. § 1983; (3) conversion; (4) negligent infliction of emotional distress; (5) intentional infliction of emotional distress; and (6) negligence. (ECF No. 1).

         In the immediate motion, Clark County moves to dismiss plaintiff's complaint for failure to state a claim upon which relief can be granted. (ECF No. 8). The court will separately address the § 1983 claim and address the remaining state law claims together.

         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 ...


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