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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damages, if appropriate. (See Stoiber v. Honeychuck (1980) 101 Cal.App.3d 903, 926;
Tooke v. Allen, supra, 85 Cal.App.2d at p. 239; Civ. Code, § 3333; 3294.)
C. Evidence
1. Stipulated Facts
       The parties stipulated to the following facts. At all relevant times, Deutsch Bank
was the owner of the property at 1156 Stoneylake Court in Sunnyvale, California
("Stoneylake property"), which included both a single family home and a two-bedroom
converted garage unit. At all relevant times, AHMSI acted as Deutsche Bank's agent
with respect to the Stoneylake property. At all relevant times, Deutsche Bank
"authorized, approved and/or ratified" AHMSI's action with respect to the Stoneylake
property and AHMSI's dealings with appellants Nativi and Perez.
2. Undisputed Facts
       The following facts were not disputed in this case. Appellants Nativi and Perez
rented a converted garage unit on the Stoneylake property from Cazzali, the former
owner. Deutsche Bank was the beneficiary under the deed of trust securing the note on
which Cazzali defaulted. The Bank obtained title to the Stoneylake property on
August 6, 2009 by purchasing it at the nonjudicial foreclosure sale.
       AHMSI was the servicer and was responsible for preparing the property for sale
on the open market. AHMSI retained the services of Advisors in San Jose, California to
assist with the sale. At all relevant times, Paulette Diaz and Paul Dougherty were
employees of Advisors.
       Appellant Nativi was in El Salvador from August 20, 2009 to October 26, 2009.
Appellant Perez was in Texas for about two weeks, from approximately September 5, 6,
or 7, 2009 until the middle of September. When Perez departed for Texas, nothing was
amiss. While Perez was away in Texas, appellants' "belongings were discarded from
their garage unit home into the backyard . . . ."

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