United States District Court, D. Nevada
before the court is defendant Red Rock Financial
Services' (“RRFS”) motion to dismiss. (ECF
No. 8). Plaintiff Bank of New York Mellon
(“BNYM”) filed a response (ECF No. 15), to which
RRFS replied (ECF No. 16).
before the court is defendant SFR Investments Pool 1,
LLC's (“SFR”) motion to dismiss. (ECF No.
17). Plaintiff filed a response (ECF No. 21), to which SFR
replied (ECF No. 23).
action involves the parties' interests in real property
located at 7409 Fountain Crest Avenue, Las Vegas, Nevada,
89113 (“the property”). (ECF No. 1).
Plaintiff's interest in the property
9, 2006, Mike Zenteno and Gloria Figueroa (“the
borrowers”) obtained title to the property.
Id.The borrowers obtained a loan from Countrywide
Home Loans, Inc. (“Countrywide”) for $294, 000 to
finance ownership of the property. Id. The borrowers
executed a promissory note in favor of Countrywide, as well
as a deed of trust to secure repayment of the loan.
Id. The deed of trust was recorded on May 12, 2006.
Id. The deed of trust was assigned to plaintiff via
a corporate assignment of deed of trust. Id.
Defendants' interest in the property
11, 2012, RRFS, acting on behalf of defendant the Vinings
Homeowners Association (“the HOA”) recorded a
notice of delinquent assessment lien, stating an amount due
of $926.68. Id. On July 2, 2012, RRFS, on behalf of
the HOA, recorded a notice of default and election to sell,
stating an amount due of $1, 941.61. Id. On April 4,
2013, RRFS, on behalf of the HOA, recorded a notice of
foreclosure sale, stating an amount due of $4, 000.31.
15, 2013, the HOA foreclosed against the property.
Id. Alex Berezovsky purchased the property at the
foreclosure sale for $7, 100. Id. A foreclosure deed
was recorded on July 25, 2013. Id.
30, 2014, Berezovsky conveyed title to the property to the
Aber Trust and then to Noesis, both via quitclaim deed
recorded on May 30, 2014. Id. On September 17, 2014,
SFR obtained title to the property via quitclaim deed.
challenges the legal effect of the July 15, 2013, HOA
foreclosure sale and seeks to preserve its pre-sale interest
in the property. Id. Plaintiff alleges the following
causes of action: (1) quiet title/declaratory relief against
all defendants; (2) breach of NRS 116.1113 against the HOA
and RRFS; (3) wrongful foreclosure against the HOA and RRFS;
and (4) injunctive relief against SFR. (ECF No. 1).
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 ...