United States District Court, D. Nevada
before the court is defendant Starfire Estates VI Owners
Association's (the “HOA”) motion to dismiss.
(ECF No. 8). Plaintiff Bank of New York Mellon
(“BNYM”) filed a response (ECF No. 13), to which
the HOA replied (ECF No. 15).
before the court is defendant Saticoy Bay LLC Series 2708
Stargate's (“Saticoy”) motion to dismiss (ECF
No. 10), in which the HOA joined (ECF No. 12). BNYM filed a
response. (ECF No. 14).
case involves a dispute over real property located at 2708
Stargate Street, Las Vegas, Nevada 89108 (the
“property”). On November 8, 2004, Shawn Horter
obtained a loan in the amount of $153, 920.00 to purchase the
property, which was secured by a deed of trust recorded on
November 12, 2004. (ECF No. 1).
March 30, 2010, defendant Homeowner Association Services
(“HAS”), acting on behalf of the HOA, recorded a
notice of delinquent assessment lien, stating an amount due
of $1, 185.00. (ECF No. 1). On October 6, 2010, HAS recorded
a notice of default and election to sell to satisfy the
delinquent assessment lien. (ECF No. 1).
December 29, 2010, Bank of America, N.A. (“BANA”)
allegedly paid $2, 831.47 to satisfy the full amount of the
lien. (ECF No. 1 at 5). Shortly thereafter, by release of
claim of lien and notice of rescission of default and
election to sell, both recorded January 27, 2011, the HOA,
through its agent Homeowner, released the March 30, 2010 lien
and cancelled, rescinded, and withdrew the October 6, 2010
notice of default. (ECF No. 1 at 5).
deed of trust was assigned to BNYM via an assignment of deed
of trust recorded on February 28, 2012. (ECF No. 1).
February 5, 2013, HAS recorded a notice of delinquent
assessment lien, stating an amount due of $999.93. (ECF No.
1). On May 28, 2014, HAS recorded a notice of default and
election to sell to satisfy the delinquent assessment lien,
stating an amount due of $5, 546.80. (ECF No. 1).
February 2, 2015, HAS recorded a notice of trustee's
sale, stating an amount due of $9, 395.30. (ECF No. 1). On
February 19, 2015, Saticoy purchased the property at the
foreclosure sale for $45, 100.00. (ECF No. 1). A
trustee's deed upon sale in favor of Saticoy was recorded
on March 11, 2015. (ECF No. 1).
February 7, 2017, BNYM filed the underlying complaint,
alleging five causes of action: (1) quiet title/declaratory
judgment against all defendants; (2) breach of NRS 116.1113
against HAS and the HOA; (3) wrongful foreclosure against HAS
and the HOA; (4) injunctive relief against Saticoy; and (5)
deceptive trade practices against HAS and the HOA. (ECF No.
instant motions, the HOA and Saticoy move to dismiss the
complaint. (ECF Nos. 8, 10).
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 ...