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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"Our goal is to determine the Legislature's intent and adopt a construction that best
effectuates the purpose of the law. (Miklosy v. Regents of University of California (2008)
44 Cal.4th 876, 888 . . . ; In re J.W. (2002) 29 Cal.4th 200, 209 . . . .) We begin with the
statutory language because it generally provides the most reliable indication of legislative
intent. (City of Burbank v. State Water Resources Control Bd. (2005) 35 Cal.4th 613,
625 . . . ; People v. Gardeley (1996) 14 Cal.4th 605, 621 . . . .) ' "If the statutory language
is unambiguous, we presume the Legislature meant what it said, and the plain meaning of
the statute controls. [Citation.]" [Citation.] We consider extrinsic aids, such as
legislative history, only if the statutory language is reasonably subject to multiple
interpretations.' (Miklosy v. Regents of University of California, at p. 888 . . . .)" (In re
W.B., Jr. (2012) 55 Cal.4th 30, 52.)
In determining whether section 702 of the PTFA causes a bona fide lease to
survive foreclosure despite contrary state law, we begin taking particular note of its
phrases "any immediate successor in interest in such property pursuant to the foreclosure
shall assume such interest subject to . . ." and "except that a successor in interest may
terminate a lease . . . ." (Italics added.) We also observe that, despite respondents'
assertions, the Act does not expressly state that the PTFA's protections may be invoked
only as an affirmative defense. The language of section 702 of the Act seems to indicate
that a successor in interest takes title in the foreclosed property subject to a bona fide
lease for a term because otherwise it would be nonsensical to provide that an immediate
successor has the power to "terminate a lease" as specified.
On the other hand, Congress could have been more straightforward. As indicated,
section 703, subdivision (2), of the PTFA, which amended existing law to state the effect
of foreclosure on housing assistance, contained more direct language: "the immediate
successor in interest in such property pursuant to the foreclosure shall assume such
interest subject to the lease between the prior owner and the tenant and to the housing

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