United States District Court, D. Nevada
U.S. BANK NATIONAL ASSOCIATION, Plaintiffs,
BLACKHAWK HOMEOWNERS ASSOCIATION, et al. Defendants.
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).
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).
deed of trust was assigned to U.S. Bank via an assignment of
deed of trust recorded September 3, 2009. (ECF No. 1).
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).
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).
the HOA quitclaimed the property to RR Trust via quitclaim
deed recorded October 24, 2013. (ECF No. 1).
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.
5, 2017, RR Trust filed a counterclaim against U.S. Bank for
quiet title and injunctive relief. (ECF No. 28).
instant motion, the HOA moves to dismiss the complaint
pursuant to Federal Rule of Civil Procedure 12(b)(6). (ECF
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 conceivable to plausible,
plaintiff's claim must be dismissed. Twombly,
550 U.S. at 570.
Ninth Circuit addressed post-Iqbal pleading
standards in Starr v. Baca, 652 F.3d 1202, 1216 (9th
Cir. 2011). The ...