Toromanova v. Wells Fargo Bank, N.A. et al

Filing 52

ORDER Granting 41 Motion to Expunge Lis Pendens. Signed by Judge Gloria M. Navarro on 10/23/13. (Copies have been distributed pursuant to the NEF - MMM)

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DAVID J. MERRILL
Nevada Bar No. 6060
MORGAN F. SHAH
Nevada Bar No. 12490
DAVID J. MERRILL, P.C.
10161 Park Run Drive, Suite 150
Las Vegas, Nevada 89145
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Wells Fargo Bank, N.A.

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DAVID J. MERRILL, P.C.
10161 PARK RUN DRIVE, SUITE 150
LAS VEGAS, NEVADA 89145
[phone]

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DIMITRITZA TOROMANOVA, an
Individual,

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) Case No.: 2:12-cv-00328-GMN-(CWH)
Plaintiff,
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vs.
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MOTION TO EXPUNGE LIS
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WELLS FARGO BANK, N.A.; WACHOVIA )
PENDENS AND ORDER
MORTGAGE, FSB; WORLD SAVINGS
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BANK, FSB; NATIONAL CITY
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MORTGAGE; NATIONAL DEFAULT
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SERVICING CORP; GOLDEN WEST
SAVINGS ASSOCIATION SERVICE CO.; )
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and DOES 1-10, inclusive,
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Defendants.
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MOTION TO EXPUNGE LIS PENDENS
Defendant Wachovia Mortgage, a division of Wells Fargo Bank, N.A., formerly known
as Wachovia Mortgage, FSB (“Wells Fargo”) moves this court for an order expunging the lis
pendens the plaintiff, Dimitritza Toromanova (“Toromanova”), recorded with the Clark County
Recorder as Instrument No. 201202100002038 on February 10, 2012 in connection with this
action. Wells Fargo bases this motion on the following memorandum of points and authorities,
the papers on file with this Court, including the Complaint, any documents incorporated by
reference or attached to the Complaint, recorded documents which the Court may take judicial
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notice of, and any oral argument that this Court may entertain.

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DATED this 3rd day of April 2013.

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DAVID J. MERRILL, P.C.

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By:

DAVID J. MERRILL
MORGAN F. SHAH
10161 Park Run Drive, Suite 150
Las Vegas, Nevada 89145
[phone]
Attorneys for Wells Fargo Bank, N.A.

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MEMORANDUM OF POINTS AND AUTHORITIES

DAVID J. MERRILL, P.C.
10161 PARK RUN DRIVE, SUITE 150
LAS VEGAS, NEVADA 89145
[phone]

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Toromanova commenced this action by filing a Complaint in the Eighth Judicial District

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Court, Clark County, Nevada on February 10, 2012, concerning real property located at 2912

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Hot Cider Avenue, North Las Vegas, Nevada 89031 (the “Property”). In connection with the

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action, Toromanova filed a Notice of Lis Pendens, which Toromanova also recorded with the

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Clark County Recorder on February 10, 2012, as Instrument No. 201202100002038.1 Wells

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Fargo removed the action to this Court and subsequently responded to the Complaint by filing a

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Motion to Dismiss and to Expunge Lis Pendens, which defendant National Default Servicing

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Corporation (“NDSC”) joined. On June 25, 2012, this Court entered an order dismissing

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Toromanova’s claims with prejudice as to Wells Fargo, and with leave to amend her third and

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fourth causes of action as against NDSC.2 Because the Court granted Toromanova leave to

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amend two causes of action as to NDSC, the Court declined to expunge the lis pendens at that

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time.3 Toromanova then filed an amended complaint purporting to join new defendants to the

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action and alleging new causes of action against all parties, including Wells Fargo.

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Consequently, Wells Fargo again filed a motion to dismiss (Doc. #23). In addition, NDSC filed

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a Motion to Strike Plaintiff’s Amended Complaint and to Dismiss Case (Doc. # 28). On March

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See Notice of Lis Pendens, attached hereto as Exhibit 1.

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(Doc. # 21)

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See id. at 11, n. 5.

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28, 2013, this Court entered an order dismissing Toromanova’s claims with prejudice and

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directing the Clerk of the Court to enter judgment in favor of Wells Fargo and NDSC.4

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Under NRS 14.010, “[i]n an action . . . affecting the title or possession of real property,

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the plaintiff, at the time of filing the complaint . . . shall record with the recorder of the county in

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which the property, or some part thereof, is situated, a notice of pendency of the action . . . .”

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“The purpose of recording the lis pendens is to give ‘constructive notice to a purchaser or

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encumbrancer of the property affected thereby’ that the title to the property is disputed.”5 When

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such an action is dismissed, however, the lis pendens must be cancelled.6 Here, the Court

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entered an order dismissing Toromanova’s claims with prejudice.7 Accordingly, there is no

DAVID J. MERRILL, P.C.
10161 PARK RUN DRIVE, SUITE 150
LAS VEGAS, NEVADA 89145
[phone]

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longer an action affecting the title or possession of the Property. Therefore, Wells Fargo

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respectfully requests that the Court enter an order expunging the lis pendens Toromanova

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recorded against the Property in connection with this action on February 10, 2012, as Instrument

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No. 201202100002038.

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DATED this 3rd day of April 2013.

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DAVID J. MERRILL, P.C.

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ORDER

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IT IS SO ORDERED this 23rd
day of October, 2013.

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________________________
Gloria M. Navarro
United States District Judge

By:

DAVID J. MERRILL
MORGAN F. SHAH
10161 Park Run Drive, Suite 150
Las Vegas, Nevada 89145
[phone]
Attorneys for Wells Fargo Bank, N.A.

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(Doc. # 39).

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See Coury v. Tran, 111 Nev. 652, 655, 895 P.2d 650, 652 (1995) (quoting NRS
14.010(3)).

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See, e.g., Johnson v. Truckee River Highlands HOA, 2010 WL 4974869, *5 (D. Nev.
Nov. 29, 2010) (“[B]ecause the case is dismissed there is no longer an action pending affecting
the title or possession of the property”); Rivera v. Nat’l Default Serv. Corp., 2012 WL 2789015,
*4 (D. Nev. Jul. 6, 2012); Madrigal v. ReconTrust Co., N.A., 2012 WL 2047992, *4 (D. Nev.
Jun. 6, 2012).

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See generally Order (Mar. 28, 2013) (Doc. #39).
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EXHIBIT 1