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Wells Fargo Bank, N.A. v. Vegas Property Services, Inc.

United States District Court, D. Nevada

May 1, 2019

WELLS FARGO BANK, N.A., Plaintiff,
v.
VEGAS PROPERTY SERVICES, INC., et al., Defendants. VEGAS PROPERTY SERVICES, INC., Counter Claimant,
v.
R GLEN WOODS, AS TRUSTEE OF WATSON 2005 TRUST, et al., Counter Defendants.

          ORDER

          MIRANDA M. DU, UNITED STATES DISTRICT JUDGE

         I. SUMMARY

         This dispute arises from a homeowners' association foreclosure sale. Before the Court is Defendant Spanish Trail Master Association's (the “HOA”) motion to dismiss the claims Plaintiff Wells Fargo Bank, N.A. asserted against the HOA in its amended complaint (“Motion”).[1] (ECF No. 68.) As further explained below, the Court will grant in part, and deny in part, the HOA's Motion-dismissing all but Plaintiff's quiet title claim against the HOA.

         II. RELEVANT FACTS

         The following facts are taken from the operative complaint. (ECF No. 65.) In December 2006, R. Glen Woods, and his successors, as Trustee of the Watson 2005 Trust under agreement dated March 15, 2005, and Jeannie Watson, an unmarried woman (collectively, “Borrowers”) obtained a loan (“Loan”) in the amount of $380, 000.00 evidenced by a note and secured by a deed of trust (“DOT”) on real property located at 7617 Boca Raton Drive, Las Vegas, Nevada 89113, APN 163-27-114-036 (“the Property”). (Id. at 2, 3.) Plaintiff owns the Loan and DOT as the successor-in-interest to the original lender. (Id. at 3-4.) Borrowers failed to pay homeowners' association dues.

         Therefore, on June 12, 2013, the HOA, acting through its agent, Defendant Nevada Association Services, Inc. (“NAS”), recorded a notice of delinquent assessment lien regarding the outstanding homeowners' association dues. (Id. at 4.) On June 21, 2013, the HOA, again acting through its agent NAS, recorded a notice of default and election to sell to satisfy the delinquent assessment lien. (Id.) The HOA then recorded a notice of foreclosure sale, which listed the amount due to the HOA as $34, 763.53. (Id.) Defendant Vegas Property Services, Inc. (“VPS”) purchased the property at the foreclosure sale (the “HOA Sale””) for $55, 000 on July 25, 2014. (Id.)

         Plaintiff asserts five claims against the HOA: (1) declaratory relief under the takings clause of the Fifth Amendment to the U.S. Constitution; (2) declaratory relief under the due process clauses of the Fifth and Fourteenth Amendments to the U.S. Constitution; (3) wrongful foreclosure; (4) breach of NRS § 116.1113, et seq.; and (5) quiet title. (Id. at 6-11.) Not directly relevant here, Plaintiff also asserts an unjust enrichment claim against VPS. (Id. at 11.)

         III. LEGAL STANDARD

         A court may dismiss a plaintiff's complaint for “failure to state a claim upon which relief can be granted.” Fed.R.Civ.P. 12(b)(6). A properly pleaded 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) (citing Twombly, 550 U.S. at 555). “Factual 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 (quoting Twombly, 550 U.S. at 570).

         In Iqbal, the Supreme Court clarified the two-step approach district courts are to apply when considering motions to dismiss. First, a district court must accept as true all well-pleaded factual allegations in the complaint; however, legal conclusions are not entitled to the assumption of truth. See id. at 678. Mere recitals of the elements of a cause of action, supported only by conclusory statements, do not suffice. See id. at 678. Second, a district court must consider whether the factual allegations in the complaint allege a plausible claim for relief. See Id. at 679. A claim is facially plausible when the plaintiff's complaint alleges facts that allow a court to draw a reasonable inference that the defendant is liable for the alleged misconduct. See Id. at 678. Where the complaint does not permit the court to infer more than the mere possibility of misconduct, the complaint has “alleged-but it has not show[n]-that the pleader is entitled to relief.” Id. at 679 (alteration in original) (internal quotation marks omitted). That is insufficient. When the claims in a complaint have not crossed the line from conceivable to plausible, the complaint must be dismissed. See Twombly, 550 U.S. at 570.

         IV. DISCUSSION

         The HOA has moved to dismiss all five of the claims Plaintiff asserts against it. (ECF No. 68.) The Court is persuaded by some of the HOA's arguments, but not others. The Court structures its discussion below to map to Plaintiff's claims asserted against the HOA. However, the Court first addresses below the HOA's unpersuasive statute of limitations argument.

         A. Statute of Limitations

         The HOA moves to dismiss Plaintiff's third and fourth causes of action-wrongful foreclosure and violation of NRS 116.1113, et seq.-as time barred under the applicable statute of limitations. (ECF No. 68 at 6-8.) Plaintiff counters in relevant part that these claims are not time-barred because they relate back to the filing of Plaintiff's ...


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