United States District Court, D. Nevada
before the court is defendant Red Rock Financial Services,
LLC's (the “HOA agent”) motion to dismiss.
(ECF No. 8). Plaintiff Bank of New York Mellon
(“BNYM”) filed a response (ECF No. 15), to which
the HOA agent replied (ECF No. 19).
before the court is defendant Northshores Owners
Association's (the “HOA”) motion to dismiss.
(ECF No. 10). BNYM filed a response (ECF No. 16), to which
the HOA replied (ECF No. 20).
before the court is defendant Saticoy Bay LLC Series 3333
Hillingdon's (“Saticoy”) motion to dismiss.
(ECF No. 13). BNYM filed a response (ECF No. 26), to which
Saticoy replied (ECF No. 27).
case involves a dispute over real property located at 3333
Hillingdon Court, Las Vegas, Nevada 89129 (the
“property”). (ECF No. 1). On November 1, 2004,
John P. Ferraro and Marchella M. Ferraro (the
“borrowers”) took out a $180, 000.00 loan from
First Magnus Financial Corporation to purchase the property.
Id. On November 15, 2004, a deed of trust was
recorded as an encumbrance against the property. Id.
On March 12, 2013, a corporate assignment of deed of trust
was recorded assigning the deed of trust to BNYM.
20, 2012, the HOA, through the HOA agent, recorded a notice
of delinquent assessment lien. (ECF No. 1). The amount due
was $3, 516.37. Id.
September 17, 2012, the HOA, through the HOA agent, recorded
a notice of default and election to sell to satisfy the
delinquent assessment lien. Id. The amount due was
$3, 186.57. Id.
October 9, 2015, the HOA, through the HOA agent, recorded a
notice of trustee's sale against the property. (ECF No.
1). The amount due was $7, 459.18. Id.
December 15, 2015, Saticoy acquired the property at the
foreclosure sale as evidenced by the foreclosure deed
recorded on February 29, 2016. (ECF No. 1). The sale price at
the foreclosure sale was $6, 465.00. Id.
13, 2017, BNYM filed the underlying complaint, alleging six
causes of action: (1) quiet title/declaratory judgment
against all defendants; (2) breach of NRS 116.1113 against
the HOA and the HOA agent; (3) wrongful foreclosure against
the HOA and the HOA agent; (4) injunctive relief against
Saticoy; (5) judicial foreclosure; and (6) breach of contract
against the borrower. (ECF No. 1).
instant motions, the HOA agent, the HOA, and Saticoy move to
dismiss the complaint. (ECF Nos. 8, 10, 13).
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 ...