United States District Court, D. Nevada
before the court is defendants Christopher Flaharty, Nichole
Flaharty,  and the Flaharty Family Trust's
(“the Flaharty defendants”) motion for summary
judgment. (ECF No. 172). Plaintiff Salma Agha-Khan filed a
response (ECF No. 178), to which defendants replied (ECF No.
instant case centers around a dispute over real property
located at 1967 Cherry Creek Circle, Las Vegas, Nevada. (ECF
30, 2004, plaintiff purchased the property for $964, 102
pursuant to a grant, bargain and sale deed. (ECF No. 172-4).
Also on July 30, 2004, a deed of trust was recorded in favor
of Ghanima Masarani, Mounir Mokaddam, and Joseph Saddi in an
amount of $350, 000. (ECF No. 172-5).
September 8, 2004, plaintiff obtained a loan from Pacific
Mortgage Company for $615, 000. (ECF No. 172-7). This loan
was secured by a deed of trust, recorded on September 8, 2004
(“the Pacific DOT”). Id.
October 26, 2006, plaintiff obtained an open-ended line of
credit for $200, 000 from GreenPoint Mortgage Funding, Inc.
(ECF No. 172-8).
January 13, 2010, Pacific recorded a notice of breach and
default and election to sell under the Pacific DOT. (ECF No.
172-9). On May 4, 2010, Pacific recorded an assignment of its
deed of trust to Aurora Loan Services. (ECF No. 172-10). On
May 14, 2010, a notice of trustee's sale under Pacific
DOT was recorded. (ECF No. 172-11). On September 2, 2010,
Steven Joe and Michael McNeill purchased the property $594,
891.05 pursuant to a trustee's deed upon sale (recorded
on September 13, 2010). (ECF No. 172-12).
February 24, 2011, the Flaharty defendants purchased the
subject property from Joe and McNeill for $722, 500. (ECF No.
172-13). In order to finance the purchase, the Flaharty
defendants obtained a loan secured by a deed of trust in
favor of Wells Fargo. Id.
19, 2016, five years and nine months after the foreclosure
sale, plaintiff filed the instant complaint. (ECF No. 1).
Plaintiff filed three causes of action against all
defendants: unjust enrichment, breach of contract, and
negligence. Id. These are the only causes of action
that reference the Flaharty defendants. See id.
February 3, 2017, the court granted eight motions to dismiss
and denied plaintiff's motion for leave to file an
amended the complaint. (ECF No. 137). In relevant part, the
Plaintiff filed her complaint on May 19, 2016, regarding
alleged actions that either occurred in 2004 or, at the
latest, 2010. (ECF No. 1). Therefore, the only claim that
could still be live is her fourth claim, breach of contract.
However, plaintiff claims that the loan contract was
immediately breached when the loan was executed-in 2004.
(Id.). Therefore, the period for bringing that claim
has expired as well. (Id.); see also NRS
Federal Rules of Civil Procedure allow summary judgment when
the pleadings, depositions, answers to interrogatories, and
admissions on file, together with the affidavits, if any,
show that “there is no genuine dispute as to any
material fact and the movant is entitled to a judgment as a
matter of law.” Fed.R.Civ.P. 56(a). A principal purpose
of summary judgment is “to ...