United States District Court, D. Nevada
before the court is defendant Saticoy Bay LLC Series 4683
Califa.'s (“Saticoy”) motion to dismiss. (ECF
No. 11). Plaintiff Ditech Financial LLC
(“Ditech”) filed a response (ECF No. 15), to
which Saticoy replied (ECF No. 16).
case involves a dispute over real property located at 4683
Califa Drive, Las Vegas, Nevada 89122 (the
“property”). On May 5, 2006, Jose M. and Nelsa
Aguilar obtained a loan from Countrywide Home Loans, Inc. in
the amount of $153, 500.00 to purchase the property, which
was secured by a deed of trust recorded on May 26, 2006. (ECF
deed of trust was assigned to Bank of New York Mellon via an
assignment of deed of trust recorded on July 6, 2011. (ECF
No. 1 at 2-3).
9, 2015, Saticoy purchased the property at a foreclosure sale
for $59, 000.00. (ECF No. 1 at 4). A trustee's deed upon
sale in Saticoy's favor was recorded on July 24, 2016.
(ECF No. 1 at 40.
the foreclosure sale extinguished the deed of trust, it was
assigned to Ditech via an assignment of deed of trust
recorded April 21, 2016. (ECF No. 1 at 3).
March 15, 2017, Ditech filed the underlying complaint,
alleging two causes of action: (1) quiet title; and (2)
declaratory relief. (ECF No. 1).
instant motion, Saticoy moves to dismiss 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 ...