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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car; he was homeless for a period. He eventually called Nativi's boyfriend, with whom
he did not get along, and asked to stay with him.
On October 26, 2009, Nativi returned to the area. On October 29, 2009, Nativi
went to the Stoneylake property to try to get into her unit. Nativi called the police and
showed the responding officer her paperwork establishing that she had the right to live
there. When Nativi saw her belongings outside in the yard, she cried. Her household
furnishings and personal items had been removed. Nativi put some things in bags and
removed decomposed leaves from a sofa. The officer left and, when he returned about a
half an hour later, the officer told her that he had spoken with a tenant, the tenant had
given him Paulette's telephone number, and the officer had spoken with Paulette. The
officer told her to leave and not come back unless the bank called.
Naviti never met Diaz or spoke with her directly. Nativi does not speak English
and understands very little English.
Diaz recalled speaking with a police officer on the telephone. Diaz was asked by a
police officer, "Who has rights to the property." Diaz remembered telling the officer that
she did not know, the property was in foreclosure, her job was to attempt to work out the
relocation of the occupants, and, as far as she knew, Luis was the property's occupant.
She told the officer that Luis had told her that he had a lease agreement with Cazzali and
the property was vacant when he moved in and "[s]o I don't know where this other person
is coming in." The officer indicated they would work it out. At her deposition, Diaz
asserted that she did not "give any indication who had the right to be in the property
because nobody really did."
A police report, dated October 29, 2009, described the incident. It stated that a
former renter was present at the property and claimed that the new renters moved her
items outside while she was on a two-month trip to South America. It reported that the
current renters provided photographs showing that the items were already outside when

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