IN THE SUPREME COURT OF THE STATE OF NEVADA
CHRIS D. PARK, ON BEHALF OF AND No. 65735
AS POWER OF ATTORNEY FOR
JOSHUA RAY, AN INDIVIDUAL,
Appellants,
vs.
WELLS FARGO BANK, A NATIONAL
FILED
ASSOCIATION; AND NATIONAL JAN 122016
2016
DEFAULT SERVICING CIE.K. LINDEMAN
CORPORATION, A NEVADA FOREIGN CLERK RI
CORPORATION.
Respondents.
ORDER OF REVERSAL AND REMAND
This is an appeal from a district court order granting a motion
to dismiss in a quiet title action. Eighth Judicial District Court, Clark
County; David B. Barker, Judge.
This court reviews an order granting a motion to dismiss de
novo. See Buzz Stew, LLC v. City of N. Las Vegas, 124 Nev. 224, 227-28,
181 P.3d 670, 672 (2008). We rigorously review a decision to dismiss a
complaint under NRCP 12(b)(5) on appeal, with all alleged facts in the
complaint presumed true and all inferences drawn in favor of the
complainant. Id. Dismissing a complaint is appropriate "only if it appears
beyond a doubt that [the plaintiff] could prove no set of facts, which, if
true, would entitle [the plaintiff] to relief." Id. at 228, 181 P.3d at 672.
We review all legal conclusions de novo. Id.
Having considered appellant's arguments and the record on
appeal, we conclude that the district court erred in granting the motion to
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dismiss. Under SFR Investments Pool 1, LLC v. U.S. Bank, N.A., 130
Nev., Adv. Op. 75, 334 P.3d 408 (2014), appellant's claim that the HOA
lien had priority and that the subsequent foreclosure sale extinguished
respondent's interest was sufficient to survive a motion to dismiss for
failure to state a claim. Accordingly, we
ORDER the judgment of the district court REVERSED AND
REMAND this matter to the district court for proceedings consistent with
this order.
Parraguirre
J.
Hardesty
J.
Gibbons
J.
Pickering
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cc: Hon. David B. Barker, District Judge
Ara H. Shirinian, Settlement Judge
Howard Kim & Associates
Kang & Associates PLLC
Snell & Wilmer, LLP/Tucson•
Snell & Wilmer, LLP/Las Vegas
Eighth District Court Clerk
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