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Carrington Mortgage Services, LLC v. SFR Investments Pool 1, LLC

United States District Court, D. Nevada

July 3, 2017

CARRINGTON MORTGAGE SERVICES, LLC, Plaintiffs,
v.
SFR INVESTMENTS POOL 1, LLC, Defendants.

          ORDER

         Presently before the court is crossdefendant Bank of America, N.A.'s (“BANA”) motion for reconsideration. (ECF No. 94).

         Also before the court is plaintiff/counterdefendant Carrington Mortgage Services, LLC's (“CMS”) motion for judgment on the pleadings. (ECF No. 96). Defendant/counterclaimant SFR Investments Pool 1, LLC (“SFR”) (ECF No. 98) and defendant Oak Park Homeowners Association (the “HOA”) (ECF No. 99) filed responses, to which CMS replied (ECF No. 106).

         I. Facts

         This case involves a dispute over real property located at 909 Veranda View Avenue, Las Vegas, Nevada 89123 (the “property”).

         On September 25, 2008, Samuel and Harry Juergens obtained a loan in the amount of $171, 311.00 from Taylor, Bean & Whitaker Mortgage Corp. (“TBW”) to purchase the property, which was secured by a deed of trust recorded on November 3, 2008. (ECF No. 37). The loan was insured by the Federal Housing Administration (“FHA”). (ECF No. 37).

         On April 14, 2010, defendant Nevada Association Services, Inc. (“NAS”), acting on behalf of the HOA, recorded a notice of delinquent assessment lien. (ECF No. 37). On December 1, 2010, NAS recorded a notice of default and election to sell to satisfy the delinquent assessment lien. (ECF No. 37).

         On January 4, 2011, BANA's prior counsel Miles, Bauer, Bergstrom & Winters, LLP (“MBBW”) requested a superpriority demand payoff from NAS. (ECF No. 37). On January 25, 2011, MBBW received a payoff demand from NAS, with a full lien payoff in the amount of $3, 281.56. (ECF No. 37). MBBW determined the superpriority portion of the lien to be $503.10, and tendered that amount to NAS on February 25, 2011, which NAS allegedly rejected. (ECF No. 37).

         On July 28, 2011, the deed of trust was assigned to BAC Home Loans Servicing, LP, fka Countrywide Home Loan Servicing, LP via an assignment deed recorded August 1, 2011. (ECF No. 37).

         On August 23, 2012, NAS sent, by certified mail, to BAC (among others) a notice of trustee's sale. (ECF No. 44-1 at 82-88). On August 27, 2012, NAS recorded a notice of trustee's sale. (ECF No. 37). On December 28, 2012, SFR purchased the property at the foreclosure sale for $7, 400.00. (ECF No. 37). A foreclosure deed in favor of SFR was recorded on January 3, 2013. (ECF No. 37).

         On September 5, 2014, BANA recorded a request for notice pursuant to NRS 116.3118. (ECF No. 50 at 4). On December 23, 2014, BANA assigned its beneficial interest under the deed of trust to CMS via an assignment deed, which was recorded on January 29, 2015. (ECF Nos. 37, 50).

         On July 20, 2015, CMS filed a complaint (ECF No. 1), which was later amended on February 29, 2016 (ECF No. 37). In the amended complaint, CMS alleges nine claims for relief: (1) quiet title/declaratory relief against SFR, the HOA, and NAS; (2) preliminary injunction against SFR; (3) wrongful/statutorily defective foreclosure against the HOA and NAS; (4) negligence against the HOA and NAS; (5) negligence per se against the HOA and NAS; (6) unjust enrichment against SFR, the HOA, and NAS; (7) breach of contract against the HOA and NAS; (8) misrepresentation against the HOA; and (9) breach of good faith and fair dealing against the HOA and NAS. (ECF No. 37).

         On August 20, 2015, SFR filed a crossclaim, alleging three claims for relief: (1) quiet title/declaratory relief against CMS, BANA, and the Juergens; (2) preliminary and permanent injunction; and (3) slander of title against CMS and BANA. (ECF No. 12).

         On February 8, 2017, the court dismissed all of CMS's claims (ECF No. 1) except for claims (1) and (3). (ECF No. 91). In that same order, the court denied SFR's (ECF No. 44) and BANA's (ECF No. 45) motions for summary judgment. (ECF No. 91).

         In the instant motions, BANA moves for reconsideration (ECF No. 94) of the court's February 8th order (ECF No. 91) and CMS moves for judgment on the pleadings (ECF No. 96). The court will address each as it sees fit.

         II. Legal Standards

         A. Reconsideration

         A motion for reconsideration “should not be granted, absent highly unusual circumstances.” Kona Enters., Inc. v. Estate of Bishop, 229 F.3d 877, 890 (9th Cir. 2000). “Reconsideration is appropriate if the district court (1) is presented with newly discovered evidence, (2) committed clear error or the initial decision was manifestly unjust, or (3) if there is an intervening change in controlling law.” School Dist. No. 1J v. ACandS, Inc., 5 F.3d 1255, 1263 (9th Cir. 1993); Fed.R.Civ.P. 60(b). “A motion to alter or amend a judgment must be filed no later than 28 days after the entry of the judgment.” Fed.R.Civ.P. 59(e).

         Rule 59(e) “permits a district court to reconsider and amend a previous order[;]” however, “the rule offers an extraordinary remedy, to be used sparingly in the interests of finality and conservation of judicial resources.” Carroll v. Nakatani, 342 F.3d 934, 945 (9th Cir. 2003) (internal quotations omitted). A motion for reconsideration “may not be used to raise arguments . . . for the first time when they could reasonably have been raised earlier in litigation.” Kona Enters., Inc., 229 F.3d at 890; see also LR 59-1(b) (“Motions for reconsideration are disfavored. A movant must not repeat arguments already presented unless (and only to the extent) necessary to explain controlling, intervening law or to argue new facts. A movant who repeats arguments will be subject to appropriate sanctions.”). . . .

         B. Judgment on the Pleadings

         Motions for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c) are “functionally identical” to motions to dismiss for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). Dworkin v. Hustler Magazine Inc., 867 F.2d 1188, 1192 (9th Cir. 1989).

         In reviewing a motion for judgment on the pleadings pursuant to Rule 12(c), the court “must accept all factual allegations in the complaint as true and construe them in the light most favorable to the non-moving party.” Fleming v. Pickard, 581 F.3d 922, 925 (9th Cir. 2009). “[J]udgment on the pleadings is proper ‘when, taking all the allegations in the non-moving party's pleadings as true, the moving party is entitled to judgment as a matter of law.'” Ventress v. Japan Airlines, 486 F.3d 1111, 1114 (9th Cir. 2007) (citation omitted). The allegations of the nonmoving party must be accepted as true while any allegations made by the moving party that have been denied or contradicted are assumed to be false. MacDonald v. Grace Church Seattle, 457 F.3d 1079, 1081 (9th Cir. 2006).

         C. Summary Judgment

         Rule 12(d) provides that “[i]f, on a motion under Rule 12(b)(6) or 12(c), matters outside the pleadings are presented to and not excluded by the court, the motion must be treated as one for summary judgment under Rule 56.” Fed.R.Civ.P. 12(d). Because the court takes judicial notice of certain documents (see n.1 infra), the court treats CMS's motion for judgment on the pleadings (ECF No. 96) as a motion for summary judgment.

         The Federal Rules of Civil Procedure allow summary judgment when the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that “there is no genuine dispute as to any material fact and the movant is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(a). A principal purpose of summary judgment is “to ...


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