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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       Some federal courts have determined that Congress intended tenant rights
established by the PTFA to be enforceable under state law. (See e.g. Ingo v. Deutsche
Bank Nat. Trust Co. (D. Utah Nov. 29, 2011) 2011 WL 5983340, 3 ["PTFA was intended
to allow tenants who are victims of the foreclosure crisis a protection that can be used in
the state courts to combat unlawful evictions"]; Nativi v. Deutsche Bank Nat. Trust Co.,
supra, 2010 WL 2179885, 4 [Congress "intended to provide tenants additional rights
which could be used in state court proceedings"]; see also Logan v. U.S. Bank Nat. Ass'n,
supra, 2013 WL 3614465, 8 ["PTFA's nationwide federal policy and requirements are not
rendered unenforceable by the absence of a federal private right of action. [Citation.]"].)
For example, in Webb v. Green Tree Servicing, LLC (D. Md. June 07, 2012) 2012 WL
2065539, the court found it unnecessary to resolve whether the PTFA supports a private
right of action because the plaintiff asserted a negligence claim. (Id. at p. 7, fn. 8.) It
noted that "[t]he existence of an express or implied private right of action is not necessary
to a negligence claim based on a statutory violation."4 (Ibid.)
8. Illegality of Converted Garage Unit Does Not Make PTFA Inapplicable
       Respondents argue that appellant's lease was void as a matter of law because the
garage unit was illegal and, therefore, the PTFA did not apply. Respondents did not rely
upon evidence of the illegality of the garage unit in moving for summary judgment.
Moreover, we see nothing in the language or legislative history of the PTFA exempting

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