Bank of America, N.A. v. Bacara Ridge Association et al

Filing 31

ORDER. IT IS HEREBY ORDERED that Defendant SFR Investments Pool 1, LLC's 22 Motion to Certify a Question of Law to Nevada's Supreme Court is Denied. Signed by Magistrate Judge Cam Ferenbach on 01/05/2017. (Copies have been distributed pursuant to the NEF - NEV)

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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.,
Plaintiff,

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vs.
BACARA RIDGE ASSOCIATION, et al.,
Defendants.

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2:16-cv-02533-RFB-VCF
ORDER DENYING MOTION TO CERTIFY
A QUESTION OF LAW TO NEVADA’S
SUPREME COURT (ECF No. 22)

Before the court is the Motion to Certify a Question of Law to Nevada’s Supreme Court. (ECF
No. 22).
Movant proposes certification of the following question:

Whether NRS § 116.31168(1)’s

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incorporation of NRS § 107.090 requires homeowners’ associations to provide notices of default to banks

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even when a bank does not request notice. Movant argues that an answer to this question will be

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determinative of part of this case and will settle important questions of law.

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As movant notes in its points and authorities, the Ninth Circuit construed NRS § 116.31168(1)’s

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incorporation of NRS § 107.090 as not requiring associations “to provide notice of default to mortgage

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lenders even absent a request . . . .” Bourne Valley Court Trust v. Wells Fargo Bank, N.A., 832 F.3d 1154,

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1159 (9th Cir. 2016). Movant argues that the Ninth Circuit incorrectly “acted as though there is not

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controlling Nevada precedent on NRS § 116.31168(1)’s meaning.” (ECF No. 22 at p. 3).

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Movant cites no authority for this court to review the soundness of decisions rendered by the Ninth

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Circuit. On this record, the certification requested would not be appropriate. Given the volume of state

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court litigation activity concerning these super-priority lien disputes, it is hard to see how certification of

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this question is necessary.

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IT IS HEREBY ORDERED that Defendant SFR Investments Pool 1, LLC’s Motion to Certify a

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Question of Law to Nevada’s Supreme Court. (ECF No. 22) is DENIED.
DATED this 5th day of January, 2017.
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CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE