Mers

Scott v. Mortgage Electronic Registration Systems, Inc.

Good Law
605 F. App'x 598
United States Court of Appeals for the Ninth CircuitFebruary 17, 201513-15129California976 words

Opinion

Opinion

MEMORANDUM

Bridgett and Jerry Scott appeal the district court’s order dismissing their claims for quiet title and wrongful foreclosure under Federal Rule of Civil Procedure 12(b)(6). We have jurisdiction under 28 U.S.C. § 1291 . We review the order of dismissal de novo and “may affirm the district court’s dismissal on any ground supported by the record.” ASARCO, LLC v. Union Pac. R.R. Co., 765 F.3d 999, 1004 (9th Cir.2014). We affirm the district court’s order in part and reverse it in part. Because the parties are familiar with the factual and legal history of the case, we need not recount it here.

I

Section 40.010 of the Nevada Revised Statutes provides that an action for quiet title “may be brought by any person against another who claims an estate or interest in real property, adverse to' the person bringing the action, for the purpose of determining such adverse claim.” Although a “plea to quiet title does not require any particular elements, ... each party must plead and prove his or her own claim to the property in question.” Chapman v. Deutsche Bank Nat’l Trust Co., 302 P.3d 1103, 1106 (Nev.2013) (citations and quotation marks omitted). The “plaintiffs right to relief…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.