United States District Court, D. Nevada
FEDERAL HOUSING FINANCE AGENCY, in its capacity as Conservator of Federal National Mortgage Association; FEDERAL NATIONAL MORTGAGE ASSOCIATION; and, JPMORGAN CHASE BANK, N.A, Plaintiffs,
LN MANAGEMENT, LLC, Defendant.
RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE.
the Court is Defendant LN Management, LLC's Motion to
Dismiss. ECF No. 20.
their Complaint filed March 1, 2018, Plaintiffs Federal
Housing Finance Agency, as Conservator of the Federal
National Mortgage Association (“FHFA”), Federal
National Mortgage Association (“Fannie Mae”),
JPMorgan Chase Bank, N.A. (“JPMorgan”) seek a
declaratory judgment and to quiet title to property located
at 7311 Falvo Avenue, Las Vegas, Nevada. Plaintiffs allege
that a non-judicial foreclosure sale occurred on March 1,
2013 and that a foreclosure deed was recorded on March 6,
reasons stated below, the Court denies Defendant's Motion
filed their Complaint on March 1, 2018. ECF No. 1. On July
11, 2018, Defendant filed both an Answer and a Motion to
Dismiss. ECF Nos. 19, 20. On August 31, 2018, the Court
stayed discovery pursuant to the parties' stipulation.
ECF No. 27.
order to state a claim upon which relief can be granted, a
pleading must contain “a short and plain statement of
the claim showing that the pleader is entitled to
relief.” Fed.R.Civ.P. 8(a)(2). In ruling on a motion to
dismiss for failure to state a claim, “[a]ll
well-pleaded allegations of material fact in the complaint
are accepted as true and are construed in the light most
favorable to the non-moving party.” Faulkner v. ADT
Security Servs., Inc., 706 F.3d 1017, 1019 (9th Cir.
2013). To survive a motion to dismiss, a complaint must
contain “sufficient factual matter, accepted as true,
to state a claim to relief that is plausible on its face,
” meaning that the court can reasonably infer
“that the defendant is liable for the misconduct
alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678
(2009) (citation and internal quotation marks omitted).
argues that Plaintiffs' equitable claims for declaratory
relief are time barred. Plaintiffs respond that a six-year
statute of limitations applies, thereby allowing their claims
the allegations in the complaint as true, the Court
determines whether “the running of the statute is
apparent on the face of the complaint.” Huynh v.
Chase Manhattan Bank, 465 F.3d 992, 997 (9th Cir. 2006)
(citation omitted). A complaint may be dismissed as untimely
only where “it appears beyond doubt that the plaintiff
can prove no set of facts that would establish the timeliness
of the claim.” Supermail Cargo, Inc. v. United
States, 68 F.3d 1204, 1207 (9th Cir. 1995).
statute of limitations calculations, time is computed from
the day the cause of action accrued. Clark v.
Robison, 944 P.2d 788, 789 (Nev. 1997). Plaintiffs
allege that the HOA foreclosed on its lien on March 1, 2013
and recorded a foreclosure deed on March 6, 2013. The
complaint was filed on March 1, 2018, five years later.
state law supplied the applicable statute of limitations in
this case, the statute of limitations for Plaintiffs'
equitable claims would be four years. See NRS
11.220. Contrary to Defendant's argument, Plaintiffs'
claims would be governed by the three-year statute of
limitations under NRS 11.190(3)(a) only to the extent based
upon a liability created by statute, but not to the extent
Plaintiffs seek relief on equitable grounds. Plaintiffs are
not entitled to the five-year statute of limitations for
certain quiet title actions pursuant to NRS 11.070 and 11.080
because the statute of limitations provided by these code
sections only apply when the plaintiff actually “was
seized or possessed of the premises.” Nev. Rev. Stat.
§§ 11.070, 11.080; see also Saticoy Bay LLC
Series 2021 Gray Eagle Way v. JPMorgan Chase ...