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Ditech Financial LLC v. Saticoy Bay LLC Series 4683 Califa

United States District Court, D. Nevada

July 3, 2017

DITECH FINANCIAL LLC, Plaintiff(s),
v.
SATICOY BAY LLC SERIES 4683 CALIFA, Defendant(s).

          ORDER

         Presently 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).

         I. Facts

         This 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 No. 1).

         The 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).

         On July 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.

         After 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).

         On March 15, 2017, Ditech filed the underlying complaint, alleging two causes of action: (1) quiet title; and (2) declaratory relief. (ECF No. 1).

         In the instant motion, Saticoy moves to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). (ECF No. 11).

         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 “formulaic recitation of the elements of a cause of action.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citation omitted).

         “Factual 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).

         In 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.

         Second, 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.

         Where 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 ...


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