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Goldsmith Enterprises, LLC. v. U.S. BANK, N.A.

United States District Court, D. Nevada

September 20, 2017

GOLDSMITH ENTERPRISES, LLC., a Nevada limited liability company, Plaintiff,
v.
U.S. BANK, N.A., DOES I through X and ROE BUSINESS ENTITIES I through X, inclusive, Defendants. U.S. BANK, N.A., AS TRUSTEE FOR HARBORVIEW MORTGAGE LOAN TRUST 2005-8, MORTGAGE LOAN PASS-THROUGH CERTIFICATES, SERIES 2005-8, Counterclaimant,
v.
GOLDSMITH ENTERPRISES LLC., Counterclaim-Defendant.

          ORDER (DEF.'S MOTION FOR SUMMARY JUDGMENT - ECF NO. 29)

          MIRANDA M. DU UNITED STATES DISTRICT JUDGE.

         I. SUMMARY

         Before the Court is Defendant/Counterclaimant U.S. Bank, N.A.'s (“U.S. Bank”) Motion for Summary Judgment (“Motion”). (ECF No. 29.) The Court has reviewed Plaintiff/Counterclaim-Defendant Goldsmith Enterprises LLC's (“Goldsmith”) response (ECF No. 31) and U.S. Bank's reply (ECF No. 32). The Court also heard argument on the Motion on August 23, 2017. (ECF No. 36.)

         For the reasons set out below, the Motion is granted in part and denied in part.

         II. BACKGROUND

         The following facts are taken from U.S. Bank's statement of undisputed facts. (ECF No. 29.)

         Christine McMahon bought real property within a homeowner association (“HOA”) located at 10616 Mountain Stream Ct., Las Vegas, NV 89129 in 2005. Ms. McMahon financed the purchase through a loan in the amount of $220, 800.00 secured by a deed of trust (“First Deed of Trust”) dated June 2, 2005. MERS assigned the note and First Deed of Trust to U.S. Bank on or about May 17, 2011.

         Ms. McMahon failed to pay HOA assessments, and the HOA foreclosed on the property pursuant to state statute in a foreclosure auction on June 12, 2012.[1] The HOA purchased the property at the auction for $4, 900.00. The HOA transferred the property to Nevada New Builds, LLC via quitclaim deed dated July 23, 2014 in exchange for $9, 250.52. Nevada New Builds, LLC then transferred the property to Goldsmith via a “deed of sale” dated March 25, 2015 in exchange for $78, 000.00.

         III. LEGAL STANDARD

         Summary judgment is appropriate when the pleadings, the discovery and disclosure materials on file, and any affidavits “show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). An issue is genuine “if the evidence is such that a reasonable jury could return a verdict for the nonmoving party, ” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986), and a dispute is material if it could affect the outcome of the suit under the governing law. Id.

         Summary judgment is not appropriate when “reasonable minds could differ as to the import of the evidence.” See Id. at 250-51. “The amount of evidence necessary to raise a genuine issue of material fact is [that which is] enough ‘to require a jury or judge to resolve the parties' differing versions of the truth at trial.'” Aydin Corp. v. Loral Corp., 718 F.2d 897, 902 (9th Cir. 1983) (quoting First Nat'l Bank of Ariz. v. Cities Serv. Co., 391 U.S. 253, 288-89 (1968)). Decisions granting or denying summary judgment are made in light of the purpose of summary judgment: “to avoid unnecessary trials when there is no dispute as to the facts before the court.” Nw. Motorcycle Ass'n v. U.S. Dep't of Agric., 18 F.3d 1468, 1471 (9th Cir. 1994).

         The moving party bears the burden of showing that there are no genuine issues of material fact. Zoslaw v. MCA Distrib. Corp., 693 F.2d 870, 883 (9th Cir. 1982). Once the moving party satisfies the requirements of Rule 56, the burden shifts to the party resisting the motion to “set forth specific facts showing that there is a genuine issue for trial.” Anderson, 477 U.S. at 256. In evaluating a summary judgment motion, a court views all facts and draws all inferences in the light most favorable to the nonmoving party. In re Slatkin, 525 F.3d 805, 810 (9th Cir. 2008). If a party relies on an affidavit or declaration to support or oppose a motion, it “must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant or declarant is competent to testify on the matters stated.” Fed.R.Civ.P. 56(c)(4). The nonmoving party “may not rely on denials in the pleadings but must produce specific evidence, through affidavits or admissible discovery material, to show that the dispute exists, ” Bhan v. NME Hosps., Inc., 929 F.2d 1404, 1409 (9th Cir. 1991), and “must do more than simply show that there is some metaphysical doubt as to the material facts.” Orr v. Bank of Am., 285 F.3d 764, 783 (9th Cir. 2002) (quoting Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586 (1986)). “The mere existence of a scintilla of evidence in support of the plaintiff's position will be insufficient . . . .” Anderson, 477 U.S. at 252.

         IV. DISCUSSION

         U.S. Bank moves for summary judgment on its quiet title and injunctive relief counterclaims as well as on Goldsmith's quiet title, cancellation of instruments, and injunctive relief claims. (ECF No. 29 at 1.) U.S. Bank argues that the Ninth Circuit Court of Appeals' decision in Bourne Valley Court Tr. v. Wells Fargo Bank, NA, 832 F.3d 1154 (9th Cir. 2016), cert. denied,137 S.Ct. 2296 (2017), requires this Court to declare that the HOA foreclosure sale did not extinguish U.S. Bank's First Deed of Trust because the sale was conducted under an unconstitutional statute. (Id. at 8.) Goldsmith argues that Bourne Valley does not bind this Court (ECF No. 31 at 3); that U.S. Bank lacks ...


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