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... ↗

Full Text

2,100 chars

41
related telling police that he was renting the property from Cazzali, nobody had been
living there when he moved in, and he did not know the man. Diaz thought that the
police had told the man he had to leave. At Diaz's deposition in December 2010, after
she looked at a September 22, 2009 City of Sunnyvale Police Department report, which
named Luis Ayala as the reporting party (RP), referred to Stoneylake Court, and stated
"RP . . . having problem with four subjects, possibly squatters or trespassers," Diaz's
memory was refreshed concerning the date Luis told her that he had called the police.
On September 23, 2009, Perez spoke to Veronica, who told him to call Diaz.
When Perez telephoned Diaz, she said that she could not help him.
At her deposition, Diaz recalled receiving a call from Robert who said that he had
been out of town, he wanted to get back in, and "he wanted to do relocation." Diaz
recalled saying, "If you have the key, I can't stop you from letting yourself back in
because I am still trying to work out relocation with everyone." Robert told Diaz he was
one of the occupants of the garage but Luis would not allow him to go back in.
According to Diaz, she said, "It is out of my hands, basically."
Robert was adamant about getting back into the property. Diaz told him, "I don't
have a key. I didn't change locks. If you can get back in, I guess you can get back in. At
this point in time, I am at a standstill. I can't do anything." Robert said that the occupant
of the main house would not let him back in.
Diaz recalled that, at some point, Robert had said, "All of my stuff is in the
backyard. Why is it back there? You removed [it]." According to Diaz, she disclaimed
touching his "stuff" and told him that the main house tenant said all that stuff was already
in the yard when he moved in. Diaz did not know whether Robert and Jose were one and
the same person.
Perez did not tell his mother about the situation because she had gone to El
Salvador for surgery and he did not want to bother her. Perez had nowhere to stay and no

Other Sections in This Document (81)

Full Text