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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When Dougherty went to the property on August 6, 2009, he filled out a form
entitled "REO Initial Inspection Checklist." He recalled seeing several Latino, Spanish-
speaking adults and children, walking in and out of the front door of the house.
Dougherty recalled speaking to a person who spoke English, a younger woman whose
name he believed was Larisa. He was told that the property was tenant occupied. Larisa
said that she had rented the main house from a "Veronica Cassalli" and they had just
moved in. Dougherty was given the telephone numbers for a few people, including
"Veronica Cassalli." Dougherty was told that the former owner's son lived in the garage.
Dougherty did not look in the garage unit or go into the backyard. He gave a CFK notice
to the occupants of the main house. The checklist form had a check next to "Take CFK
letter with you" and a notation on the form that says, "Gave to Larisa G."
After Dougherty reported that people were living in the main house on the
Stoneylake property, Diaz spoke by telephone to a female occupant of the main house, a
Yessica. The purpose of the call was to offer relocation assistance. Diaz told Yessica
that the bank now owned the house and it wanted the property to be vacated. Yessica
was confused and upset. Yessica said she had rented the house from the foreclosed
owner and given a deposit and she and her family had just moved in the previous
Saturday, which Diaz believed was the beginning of August. Diaz believed that she
offered $10,000 for vacating the property within 30 days. Yessica told Diaz that there
was also a garage unit and that a relative of the foreclosed owner occasionally stayed
there but the relative did not reside there. Diaz asked Yessica to speak with the
occupants of that unit and let them know about the relocation assistance offer. Every
tenant on the property had to leave to be entitled to the money.
During his next visit to the Stoneylake property, Dougherty contacted a male in his
early 20's with black hair at the garage unit and was invited in. The unit was furnished
and had all the signs that people were living there. Dougherty did not ask for a copy of

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