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 the enactment of U.S. Public Law 111-22 (S 896), which included the
PTFA, both Senators Kerry and Dodd reiterated, on the congressional record, their prior
descriptions of the effect of the Act. On the record, Senator Dodd stated with respect to
the recently enacted PTFA: "This new law protects tenants facing evictions due to
foreclosure by ensuring they can remain in their homes for the length of the lease or, at
the least, receive sufficient notice and time to relocate their families and lives to a new
home. The full Senate approved the bill on May 6, 2009, and President Obama signed it
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4. Administrative Construction
       We also take a look at administrative construction of the PTFA as an aid to
judicial interpretation. "Although we are not bound by administrative decisions
construing a controlling statute, we accord ' "great weight and respect to the
administrative construction." ' [Citation.] The amount of deference given to the
administrative construction depends ' "upon the thoroughness evident in its consideration,
the validity of its reasoning, its consistency with earlier and later pronouncements, and all
those factors which give it power to persuade, if lacking power to control." ' [Citation.]"
(Hoechst Celanese Corp. v. Franchise Tax Bd. (2001) 25 Cal.4th 508, 524, italics
omitted.) "When an administrative agency construes a statute in adopting a regulation or

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