Bank of America, N.A. v. Inspirada Community Association et al

Filing 70

ORDER denying LJSG's ECF No. 60 Motion for Attorney Fees. Signed by Judge Miranda M. Du on 2/16/2018. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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BANK OF AMERICA, N.A.,

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Case No. 2:16-cv-00438-MMD-VCF
Plaintiff,

ORDER

v.

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INSPIRADA COMMUNITY ASSOCIATION;
SATICOY BAY, LLC SERIES 2080
ARTISTIC FLAIR WALK; LEACH,
JOHNSON, SONG & GRUCHOW,

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Defendants.

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This Court previously granted Defendant Leach, Johnson, Song & Gruchow’s

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(“LJSG”)’s motion and dismissed LJSG. (ECF No. 56.) Before the Court is LJSG’s motion

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for attorney’s fees (“Motion”). (ECF No. 60.) The Court has reviewed Plaintiff Bank of

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America, N.A.’s (“BANA”) response (ECF No. 63) and LJSG’s reply (ECF No. 64). For the

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reasons discussed below, the Court grants LJSG’s Motion to Dismiss and denies LJSG’s

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Motion for Sanctions.

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The relevant background is recited in the Court’s dismissal order. (ECF No. 56.)

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As pertinent here, BANA asserts three claims against LJSG: (1) quiet title/declaratory

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judgment; (2) breach of NRS § 116.1113; and (3) wrongful foreclosure. (ECF No. 1 at 6-

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13.) In addressing dismissal of LJSG, the Court considered LJSG’s arguments in the

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context of BANA’s claims for breach of NRS § 116.1113 and wrongful foreclosure claims

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because of the absence of allegations LJSG has expressed an interest in the Property.

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(ECF No. 56 at 5.)

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LJSG seeks fees under NRS § 116.3116. (ECF No. 60.) BANA responds that this

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provision of the statute only governs fees to the prevailing party in an action brought by

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the HOA to foreclose on its lien. (ECF No. 63 at 2.) The Court agrees with BANA. Section

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116.3116(12) provides that “A judgment or decree in any action brought under this section

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must include costs and reasonable attorney’s fees for the prevailing party.” This provision

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compels fees only in “any action brought under this section,” referring to NRS §

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116.3116’s provisions allowing for the HOA to foreclose on its lien. BANA’s claims against

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LJSG here do not fall within the type of action contemplated in section 116.3116.

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It is therefore ordered that LJSG’s motion for attorney’s fees (ECF No. 60) is
63)
(ECF
denied.
DATED THIS 16th day of February 2018.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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