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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supra, 125 Cal.App.4th at pp. 590-591 [relying on Guntert], Marchese v. Standard Realty
& Dev. Co. (1977) 74 Cal.App.3d 142, 148 [same].)
       "[A] landlord's interference with the tenant's right of ingress and egress may
constitute a constructive eviction. [Citation.] . . . [L]ittle difference can be found between
the act of physical removal and the act of preventing entry." (Donoghue v. Kremmel
(1932) 121 Cal.App. 208, 211.) Thus, "where a tenant is denied entry and this denial is
coupled with threats of violence upon attempted entry, which threats are sufficient to
cause a reasonable [person] to anticipate and fear bodily conflict or injury, the tenant is
justified in treating the denial as an eviction." (Ibid.)
       "Determining whether there has been a breach of the covenant of quiet possession
generally 'depends upon the facts in a proper case.' (Stockton Dry Goods Co. v. Girsh
(1951) 36 Cal.2d 677, 682 . . . ; see also, e.g., Andrews v. Mobile Aire Estates (2005) 125
Cal.App.4th 578, 593 . . . ) [¶] Breach can take many forms, including actual or
constructive eviction. (See, e.g., LaFrance v. Kashishian (1928) 204 Cal. 643, 644 . . .
[covenant breached where 'plaintiff was evicted from the leased premises by one who had
established paramount title to the property']; Guntert v. City of Stockton, supra, 55
Cal.App.3d at p. 139 . . . ['arbitrary and unreasonable notice of termination violated the
lessor's implied obligation to abstain from interference with the tenant's use and
enjoyment of the premises']; Goldman v. House (1949) 93 Cal.App.2d 572, 576 . . .
[under the covenant of quiet enjoyment, 'attempt to evict by the use of wrongful and
malicious means with knowledge of probable injury is actionable']; see id. at p.
574 . . . ['defendants wilfully and maliciously shut off the electric current' and the tenant
'fell down the darkened stairway and sustained injuries'].)" (Spinks v. Equity Residential
Briarwood Apartments (2009) 171 Cal.App.4th 1004, 1035.)

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