United States District Court, D. Nevada
U.S. BANK, N.A., SUCCESSOR TRUSTEE TO WACHOVIA BANK, N.A., AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF BANC OF AMERICA FUNDING CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-C, Plaintiff,
EMERALD RIDGE LANDSCAPE MAINTENANCE ASSOCIATION; SFR INVESTMENTS POOL I, LLC; DOE INDIVIDUALS I-X, inclusive, and ROE CORPORATIONS I-X, inclusive, Defendants. SFR INVESTMENTS POOL 1, LLC, a Nevada limited liability company, Counter-Claimant,
U.S. BANK, N.A., SUCCESSOR TRUSTEE TO WACHOVIA BANK, N.A., AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF BANC OF AMERICA FUNDING CORPORATION, MORTGAGE PASS-THROUGH, SERIES 2004-C, a national association; ERNIE J. ALCARAZ, an individual, Counter-Defendants/Cross-Defendants.
ORDER (COUNTER-CL.'S MOTION FOR PARTIAL SUMMARY
JUDGMENT - ECF NO. 61; COUNTER-CL.'S MOTION FOR SUMMARY
JUDGMENT - ECF NO. 62; COUNTER-CL.'S MOTION FOR
RECONSIDERATION - ECF NO. 66; DEF.'S JOINDER IN
COUNTER-CL.'S MOTION FOR RECONSIDERATION - ECF NO.
MIRANDA M. DU UNITED STATES DISTRICT JUDGE
the Court are SFR Investments Pool 1, LLC's
(“SFR”) Motion for Partial Summary Judgment (ECF
No. 61), Motion for Summary Judgment (ECF No. 62), and Motion
for Reconsideration (ECF No. 66). The Court has reviewed U.S.
Bank, N.A.'s (“U.S. Bank”) responses to
SFR's motions (ECF Nos. 68, 70, 71). The Court has also
reviewed Emerald Ridge Landscape Maintenance
Association's (“HOA”) response to SFR's
Motion for Summary Judgment (ECF No. 73) and joinder to
SFR's Motion for Reconsideration (ECF No. 69).
Additionally, the Court has reviewed all of SFR's replies
(ECF Nos. 72, 74, 75).
reasons discussed below, the Court denies SFR's motions.
U.S. Bank asks the Court to reaffirm its prior ruling to
dispose of the case in favor of U.S. Bank. (ECF No. 71 at
10.) The Court agrees that U.S. Bank is entitled to equitable
relevant facts in this case are, for the most part,
undisputed. Ernie Alcaraz (“Borrower”) obtained a
loan (“the Loan”) secured by a first deed of
trust (“First DOT”) on his property (“the
Property”). (ECF No. 1 at 3.) The First DOT was
subsequently assigned to U.S. Bank. (Id.) The
Borrower defaulted on the Loan, and U.S. Bank began the
process of foreclosure and intends to foreclose under the
First DOT. (Id. at 3-4.) In the meantime, Borrower
failed to pay the HOA's fees due to it. (Id. at
4.) On February 4, 2011, the HOA recorded a notice of
delinquent assessment, followed by a notice of default and
election to sale, and a notice of trustee's sale.
(Id.) The various notices state the amount due to
the HOA, including fees, interests and costs, but not the
amount of the purported superpriority lien. (Id. at
4-5.) On March 25, 2011, Bank of America, N.A.
(“Servicer”), the servicer of the Loan, attempted
to obtain the superpriority lien amount and tendered what it
calculated to be the superpriority lien amount to the HOA,
who refused Servicer's tender. (Id. at 5-6.)
foreclosed on the Property on August 21, 2014. (Id.
at 6.) SFR purchased the Property for $30, 000.
SFR'S MOTIONS FOR SUMMARY JUDGMENT
Court addresses both SFR's Motion for Partial Summary
Judgment (ECF No. 61) and SFR's Motion for Summary
Judgment (ECF No. 62) simultaneously. The Court does not
consider either motion with respect to Cross-Defendant
Alcaraz because the Clerk of Court has entered a default
judgment against him. (ECF No. 67.)
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.
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
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.