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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By order filed June 21, 2011, the court accepted the parties' written factual
stipulations for the purposes of all further proceedings in the case.
Appellants filed opposition to respondents' motion for summary judgment, a
separate statement of undisputed facts, and supporting declarations. They filed written
evidentiary objections to the evidence submitted by respondents in support of summary
judgment.
By written order filed November 15, 2011, the trial court granted respondents'
motion for summary judgment. The trial court concluded that, under California law, the
foreclosure sale extinguished the lease and, consequently, Deutsche Bank did not step
into the shoes of the former landlord. It also determined that the obligation to give a 90-
day notice was the "only burden" imposed on the Bank by the PTFA.
A judgment in favor of respondents and against appellants was filed on
November 15, 2011.
By separate written order, also filed on November 15, 2011, the court granted
respondent AHMSI's motion for a protective order with respect to certain documents that
the court had ordered it to produce.
On December 13, 2011, appellants filed a notice of appeal from the judgment and
from the order granting the motion for a protective order.
II
California Law Background and the Federal PTFA
A. Effect of Foreclosure on Preexisting Tenancy Under California Law
1. Traditional Property Law
"Title conveyed by a trustee's deed relates back to the date when the deed of trust
was executed. (Bank of America v. Hirsch Merc. Co. (1944) 64 Cal.App.2d 175 . . . .)
The trustee's deed therefore passes the title held by the trustor at the time of execution.
(Hohn v. Riverside County Flood Control etc. Dist. (1964) 228 Cal.App.2d 605, 612

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