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U.S. Bank National Association v. Blackhawk Homeowners Association

United States District Court, D. Nevada

July 20, 2017

U.S. BANK NATIONAL ASSOCIATION, Plaintiffs,
v.
BLACKHAWK HOMEOWNERS ASSOCIATION, et al. Defendants.

          ORDER

         Presently before the court is defendant Blackhawk Homeowners Association's (the “HOA”) motion to dismiss (ECF No. 29), in which defendant 6329 Rolling Rose Trust (“RR Trust”) joined (ECF No. 32). Plaintiff U.S. Bank, N.A. (“US Bank”) filed a response (ECF No. 31), to which the HOA replied (ECF No. 33).

         I. Facts

         This case involves a dispute over real property located at 6329 Rolling Rose Street #101, North Las Vegas, NV 89081 (the “property”). On November 7, 2005, Tyson and Lorilai Headlee obtained a loan in the amount of $179, 862.00 to purchase the property, which was secured by a deed of trust recorded on November 15, 2005. (ECF No. 1).

         The deed of trust was assigned to U.S. Bank via an assignment of deed of trust recorded September 3, 2009. (ECF No. 1).

         On November 8, 2011, Alessi & Koenig, LLC (“A&K”), acting on behalf of the HOA, recorded a notice of delinquent assessment lien, stating an amount due of $5, 014.98. (ECF No. 1). On March 16, 2012, A&K recorded a notice of default and election to sell to satisfy the delinquent assessment lien, stating an amount due of $3, 407.24. (ECF No. 1).

         On May 21, 2013, A&K recorded a notice of trustee's sale, stating an amount due of $8, 292.28. (ECF No. 1). On October 9, 2013, the HOA purchased the property at the foreclosure sale for $11, 094.61. (ECF No. 1). A trustee's deed upon sale in favor of the HOA was recorded on October 23, 2013. (ECF No. 1).

         Thereafter, the HOA quitclaimed the property to RR Trust via quitclaim deed recorded October 24, 2013. (ECF No. 1).

         On November 4, 2016, U.S. Bank filed the underlying complaint, alleging four causes of action: (1) quiet title/declaratory judgment against the HOA and RR Trust; (2) breach of NRS 116.1113 against the HOA; (3) wrongful foreclosure against the HOA; and (4) injunctive relief against RR Trust. (ECF No. 1).

         On June 5, 2017, RR Trust filed a counterclaim against U.S. Bank for quiet title and injunctive relief. (ECF No. 28).

         In the instant motion, the HOA moves to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). (ECF No. 29).

         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 conceivable to plausible, plaintiff's claim must be dismissed. Twombly, 550 U.S. at 570.

         The Ninth Circuit addressed post-Iqbal pleading standards in Starr v. Baca, 652 F.3d 1202, 1216 (9th Cir. 2011). The ...


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