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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the lease. Dougherty handed him the CFK notice. The checklist form for this visit, dated
August 18, 2009, had a check next to "Take CFK letter with you" and a notation on the
form that says, "Gave to Robert" At the time of his deposition in February 2011,
Dougherty was not sure if he had spoken to Robert or a friend of Robert. At his
deposition, Perez recalled receiving a paper from Caucasian male around the beginning
of August.
       The August 18, 2009 checklist reflects that Dougherty made contact with the
occupants of the garage and took down a phone number for a Robert Nativi. Diaz
telephoned that number and left a couple of messages. When she reached someone and
asked for the tenant, Diaz was told she had the wrong number.
       Dougherty was not told that Robert planned to be out of town for several weeks.
Dougherty never spoke with "Ms. Nativi."
       Dougherty did not recall ever asking for a lease from anyone living in either the
garage or the main house on the Stoneylake property. He acknowledged that he did not
have a way to distinguish between a tenant and a squatter.
       On August 20, 2009, Nativi traveled to El Salvador for a gallbladder operation and
remained there for about two months.
       Diaz spoke with the people living in the main house multiple times. Someone
named Yessica told her that two males were in the garage unit. Yessica said that Cazzali
had decided to return the deposit; Yessica and her family voluntarily left the main house
without being paid to relocate.
       When Perez left for Texas in early September 2009, the garage unit was fine.
       Sometime in the beginning of September 2009, new occupants moved into the
main house. Diaz spoke with Luis by telephone. He said that he was living there with
his parents. Luis was upset when he learned that Cazzali did not own the property and
she had no right to rent the main house. Diaz never spoke with Cazzali.

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