Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

PHH Mortgage Corp. v. Saticoy Bay LLC Series 7712 Beach Falls

United States District Court, D. Nevada

June 18, 2019

PHH MORTGAGE CORPORATION, Plaintiff,
v.
SATICOY BAY LLC SERIES 7712 BEACH FALLS, a Nevada limited liability company; DESERT CREEK OWNERS ASSOCIATION, a Nevada non-profit corporation; ARLENE E. VEGA, an individual., Defendants. DESERT CREEK HOMEOWNERS ASSOCIATION, INC., Third Party Plaintiff,
v.
NEVADA ASSOCIATION SERVICES, INC., Third Party Defendant.

          ORDER

          MIRANDA M. DU, UNITED STATES DISTRICT JUDGE

         I. SUMMARY

         This dispute arises from the foreclosure sale of property to satisfy a homeowners' association lien. Before the Court are Defendant Saticoy Bay LLC Series 7712 Beach Falls' (“Saticoy”) and Plaintiff PHH Mortgage Corporation's (“PHH”) cross-motions for summary judgment. (ECF Nos. 71, 72.) The Court has reviewed Defendant Desert Creek Owners Association, Inc.'s (“HOA”) responses. (ECF Nos. 75, 76.) No. other responses were filed, nor were any replies filed. For the following reasons, the Court grants Saticoy's motion and denies PHH's motion. The Court also dismisses the HOA's third party complaint as moot.

         II. BACKGROUND

         The following facts are undisputed unless otherwise indicated.

         Arlene E. Vega (“Borrower”) purchased residential property (“Property”) located within the HOA at 7712 Beach Falls Court, Las Vegas, Nevada in 2010 with a loan (“Loan”) secured by a first deed of trust (“DOT”). (ECF No. 71-3 at 2-3, 14.) The DOT was assigned to PHH by assignment recorded April 27, 2012. (ECF No. 71-4 at 3.)

         The HOA recorded the following notices against the Property between June and December 2013: notice of delinquent assessment lien (ECF No. 71-5 at 2); notice of default and election to sell (ECF No. 71-7 at 2-3); and notice of trustee's sale (ECF No. 71-9 at 2-3).

         The HOA recorded a foreclosure deed (“Foreclosure Deed”) against the Property on January 16, 2014. (ECF No. 72-7 at 2.) The Foreclosure Deed indicates that the HOA sold the Property to Saticoy for $40, 500 on January 3, 2014 (“HOA Sale”). (Id.)

         PHH asserts claims for declaratory relief, quiet title, and unjust enrichment against Saticoy in the First Amended Complaint (“FAC”). (ECF No. 7 at 6-10.) PHH does not assert claims against the HOA or the Borrower. In the prayer for relief, PHH primarily seeks a declaration that the HOA Sale is void and did not extinguish the DOT. (Id. at 11.)

         The HOA filed a third party complaint against NAS asserting claims for express and implied indemnity, contribution, apportionment, breach of contract, and declaratory relief. (ECF No. 18 at 10-14.)

         III. LEGAL STANDARD

         “The purpose of summary judgment is to avoid unnecessary trials when there is no dispute as to the facts before the court.” Nw. Motorcycle Ass'n v. U.S. Dep't of Agric, 18 F.3d 1468, 1471 (9th Cir. 1994). Summary judgment is appropriate when the pleadings, the discovery and disclosure materials on file, and any affidavits “show there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.” Celotex Corp. v. Catrett, 477 U.S. 317, 330 (1986). An issue is “genuine” if there is a sufficient evidentiary basis on which a reasonable fact-finder could find for the nonmoving party and a dispute is “material” if it could affect the outcome of the suit under the governing law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248-49 (1986). Where reasonable minds could differ on the material facts at issue, however, summary judgment is not appropriate. See Id. at 250-51. “The amount of evidence necessary to raise a genuine issue of material fact is enough ‘to require a jury or judge to resolve the parties' differing versions of the truth at trial.'” Aydin Corp. v. Loral Corp., 718 F.2d 897, 902 (9th Cir. 1983) (quoting First Natl Bank v. Cities Serv. Co., 391 U.S. 253, 288-89 (1968)). In evaluating a summary judgment motion, a court views all facts and draws all inferences in the light most favorable to the nonmoving party. Kaiser Cement Corp. v. Fishbach & Moore, Inc., 793 F.2d 1100, 1103 (9th Cir. 1986).

         The moving party bears the burden of showing that there are no genuine issues of material fact. Zoslaw v. MCA Distrib. Corp., 693 F.2d 870, 883 (9th Cir. 1982). Once the moving party satisfies Rule 56's requirements, the burden shifts to the party resisting the motion to “set forth specific facts showing that there is a genuine issue for trial.” Anderson, 477 U.S. at 256. The nonmoving party “may not rely on denials in the pleadings but must produce specific evidence, through affidavits or admissible discovery material, to show that the dispute exists, ” Bhan v. NME Hosps., Inc., 929 F.2d 1404, 1409 (9th Cir. 1991), and “must do more than simply show that there is some metaphysical doubt as to the material facts.” Orr v. Bank of Am., 285 F.3d 764, 783 (9th Cir. 2002) (quoting Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586 (1986)). “The mere existence of a scintilla of evidence in support of the plaintiff's position will be insufficient.” Anderson, 477 U.S. at 252.

         Further, “when parties submit cross-motions for summary judgment, ‘[e]ach motion must be considered on its own merits.'” Fair Hous. Council of Riverside Cty., Inc. v. Riverside Two,249 F.3d 1132, 1136 (9th Cir. 2001) (citations omitted) (quoting William W. Schwarzer, et al., The Analysis and Decision of Summary Judgment Motions, 139 F.R.D. 441, 499 (Feb. 1992)). “In fulfilling its duty to review ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.