Nativi v. Deutsche Bank National Trust Co., 223 Cal. App. 4th 261 (2014)

Citation: Nativi v. Deutsche Bank National Trust Co., 223 Cal. App. 4th 261 (2014)
Parent Document: Nativi v. Deutsche Bank National Trust Co., 223 Cal. App. 4th 261 (2014)
Jurisdiction: California (state)
Effective Date: 2014-01-23
Original Source: https://www.courtlistener.com/opinion/2650742/nativi-v-deutsche-bank-national... ↗

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After careful and extensive consideration, this court concludes, solely as a matter
of statutory interpretation, that the PTFA causes a bona fide lease for a term to survive
foreclosure through the end of the lease term subject to the limited authority of the
immediate successor in interest to terminate the lease, with proper notice, upon sale to a
purchaser who intends to occupy the unit as a primary residence. The Act impliedly
overrides state laws that provide less protection but expressly allows states to retain the
authority to enact greater protections. Bona fide tenancies for a term that continue by
operation of the PTFA remain protected by California law.
We conclude that the trial court's analysis was mistaken and respondents were not
entitled to summary judgment. Accordingly, the judgment will be reversed.
Appellants also challenge the trial court's order granting respondent AHMSI's
motion for a protective order. We find the order was not within the trial court's discretion
and reverse.
I
Procedural History
On November 25, 2009, appellants Nativi and Perez filed a complaint against
Deutsche Bank National Trust Company, its assigns and successors, and Does 1 to 10 for
"restitution of premises," compensatory and punitive damages, and injunctive relief. The
complaint alleged eight causes of action as follows: (1) wrongful eviction in tort, (2)
breach of the covenant of quiet enjoyment, (3) breach of implied covenants of quiet
enjoyment–tort, (4) illegal entry of landlord (violation of Civ. Code, § 1954),
(5) violation of Civil Code section 1940.2, (6) illegal lockout (violation of Civ. Code,
§ 789.3), (7) violation of the PTFA, and (8) unfair business practices (Bus. & Prof. Code,
§ 17200).
On December 31, 2009, Deutsche Bank National Trust Company filed a Notice of
Removal that it was removing the action to federal court.

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