Whitehouse v. Wells Fargo Bank, N.A. C/W 65169 ( 2016 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
SANDY WHITEHOUSE, AN No. 65169
INDIVIDUAL; JOHN WHITEHOUSE,
AN INDIVIDUAL; AND S&J
INVESTMENTS, LLC, A NEVADA
LIMITED LIABILITY COMPANY,
Appellants,
FILED
VS. FEB 1 7 2016
WELLS FARGO BANK, N.A., A
NATIONAL ASSOCIATION; AND
QUALITY LOAN SERVICE
CORPORATION, A FOREIGN
CORPORATION,
Respondents.
SANDY WHITEHOUSE, AN No. 65433
INDIVIDUAL; JOHN WHITEHOUSE,
AN INDIVIDUAL; AND S&J
INVESTMENTS, LLC, A NEVADA
LIMITED LIABILITY COMPANY,
Appellants,
VS.
WELLS FARGO BANK, N.A., A
NATIONAL ASSOCIATION; FEDERAL
NATIONAL MORTGAGE
ASSOCIATION, A NATIONAL
ASSOCIATION; AND QUALITY LOAN
SERVICE CORPORATION, A FOREIGN
CORPORATION,
Respondents.
ORDER OF REVERSAL AND REMAND (DOCKET NO. 65169)
AND ORDER OF AFFIRMANCE (DOCKET NO. 65433)
These are consolidated appeals from district court orders
granting motions to dismiss in separate but related quiet title actions.
Eighth Judicial District Court, Clark County; Susan Johnson and Jerry A.
Wiese, Judges.
SUPREME COURT
OF
NEVADA
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Docket No. 65169
Having considered the parties' arguments and the record, we
conclude that the district court erred in granting respondents' motion to
dismiss. In SFR Investments Pool 1, LLC v. U.S. Bank, N.A., 130 Nev.,
Adv. Op. 75, 334 P.3d 408 (2014), this court decided that a common-
interest community association's NRS 116.3116(2) superpriority lien has
true priority over a first security interest and that the association may
nonjudicially foreclose on that lien. Thus, the allegations in appellants'
complaint were sufficient to survive respondents' motion to dismiss for
failure to state a claim. See Buzz Stew, LLC v. City of N. Las Vegas, 124
Nev. 224, 228, 181 P.3d 670, 672 (2008) (recognizing that NRCP 12(b)(5)
dismissal 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'). Because the district court did not reach the other
issues that were colorably asserted, we reverse the appealed judgment in
Docket No. 65169 and remand this matter for further proceedings.
Docket No. 65433
Having considered the parties' arguments and the record, we
conclude that the district court properly dismissed appellants' complaint
on the basis of issue preclusion. See Ruby v. Five Star Capital Corp., 124
Nev. 1048, 1055, 194 P.3d 709, 713 (2008). Accordingly, we affirm the
appealed judgment in Docket No. 65433.
It is so ORDERED.
C.J.
Parraguirre
J.
Douglas Cherry
SUPREME COURT
OF
NEVADA
2
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cc: Hon. Susan Johnson, District Judge
Hon. Jerry A. Wiese, District Judge
Robert F. Saint-Aubin, Settlement Judge
Maier Gutierrez Ayon, PLLC
Snell & Wilmer, LLP/Las Vegas
McCarthy & Holthus, LLP/Las Vegas
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
3
(0) 1947.