United States District Court, D. Nevada
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),  to which Clark County replied (ECF No.
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).
August 7, 2014, Homewood served a five-day notice to pay or
quit addressed to Trueman and Amini. (ECF No. 1 at 2).
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).
August 25, 2014, Homewood began an eviction proceeding in
state court against Trueman and Amini. (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).
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).
about September 2, 2014, deputy officers for the Las Vegas
township constable(“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
on October 23, 2014, Dr. Le commenced a separate eviction
proceeding in Nevada state court against
Trueman. (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).
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).
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).
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.
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 ...