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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they moved into the house in August. The report stated that the house was bank-owned
and residents have an arrangement with and pay rent to the bank. The reporting officer
stated that he had spoken with Paulette, who works for the bank, and she had verified the
renter's statement. During her deposition, Diaz asserted that the reporting officer had
misunderstood what she had said.
       According to Diaz, she told the police officer that the property had been foreclosed
upon, the previous owner had rented the property to the tenants, and she was in the
process of trying to get them removed. She asserted that she would never have said that
the bank was accepting rent from the tenants because that was not true; the bank did not
have any sort of rental agreement with them.
       Diaz denied that she instructed the police to exclude Perez from the property at the
end of September 2009 and she denied that she instructed the police to exclude Nativi
from the property at the end of October 2009.
       Diaz received a letter addressed to her from the Bay Area Legal Aid and she
forwarded it to AHMSI. Diaz did nothing further. As far as Diaz knew, appellant Nativi
and her son had not been allowed back into the property.
       Dougherty visited the property on November 17, 2009. The checklist form for
that date notes, "No access to garage." At his deposition, Dougherty explained that he
could not get though the side gate because it had "several locks and ropes and chains
around it." He tried knocking on the car garage door. Dougherty had not put ropes and
chains on the gate and he had no idea who did. The checklist form had a check next to
"Garbage/junk." Dougherty saw furnishings, clothing, trash in the front and rear yards.
There were big piles. He had no idea who put those things there. No one had instructed
Dougherty to take the furnishings out of the garage unit and throw them into the yard and
he did not do it.
       Luis and his family voluntarily moved out.

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