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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Action), and "Breach of Implied Covenants of Quiet Enjoyment--Tort" (Third Cause of
Action), appellants alleged the following. They were "in lawful, peaceable possession of
the premises until they were forcibly evicted when [respondents] barred [them] from the
premises and refused to reinstate [them] to possession." Respondents violated the PTFA
by failing to recognize appellants' lease and engaged in unlawful, extrajudicial self-help
eviction. Respondents "acted with malice by barring [appellants] from the property and
misrepresenting to police officers that [they] were not tenants, and refusing to allow
[them] access to the Property . . . ." It was further alleged with respect to the second and
third causes of action that respondents "breached the covenant of quiet enjoyment
embodied in Civil Code section 1927" by the foregoing course of conduct.
2. Breach of Implied Covenant of Quiet Enjoyment
Where an immediate successor takes subject to a bona fide lease by operation of
the PTFA, the scope of a California tenant's right of occupancy for the remainder of the
lease term must be derived from the lease itself and California law, which implies a
contractual covenant of quiet enjoyment.5 (See Civ. Code, § 1927, see also Civ. Code,
§ 1925.)
"It has long been the rule that in the absence of language to the contrary, every
lease contains an implied covenant of quiet enjoyment. [Citations.] Initially, the
covenant related solely to the right of possession and only protected the lessee against
any act of molestation committed by the landlord or anyone claiming under him, or by
someone with paramount title, which directly affected the tenant's use and possession of
the leased premises; the covenant was construed to protect the lessee against physical
interference only. [Citation.] In recent years, the covenant of quiet enjoyment has been

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