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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

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

Other Sections in This Document (81)

Full Text

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44
       Dougherty's final December 29, 2009 checklist form for the Stoneylake Court
property notes that the property "requires trash out [and] yard service . . . ."
       A third set of people moved into the main house but Diaz did not have any
communications with them. They were finally evicted in March 2010 through an
unlawful detainer proceeding.
       Advisors did not access the garage unit and remove possessions from it or instruct
anyone else to remove them on its behalf. Advisors did nothing to prevent appellants
from recovering their possessions out in the yard. Advisors did not deny a request from
appellants to retrieve their property from the premises.
       Neither AHMSI nor Advisors, nor anyone acting on their behalf, ever rented out
the main residence. Neither AHMSI nor Advisors, nor anyone acting on their behalf,
ever denied appellants access or changed the locks to the garage unit. Neither AHMSI
nor Advisors, nor anyone acting on their behalf, ever entered the garage unit without
consent or discarded appellants' personal belongings and furniture in the garage unit.
Neither AHMSI nor Advisors, nor anyone acting on their behalf, requested or instructed
any of the post-foreclosure occupants of the main residence to remove the belongings and
furniture from the garage unit.
4. Appellants' Evidence Submitted in Opposition to Summary Judgment
       Nativi first moved into the Stoneylake property in June 2007 and, at that time,
Cazzali was the owner. Nativi is not related to Cazzali.
       Nativi's apartment was reached by walking through a gate next to the main house
into the backyard where the entrance to the apartment was located. When she tried to
access her apartment on October 29, 2009, the gate was padlocked and she could not get
into her apartment. She stated, "The police had to get the people in the main house to let
me through the main house so that I could get to the door to my apartment." Nativi never
gave permission to anyone to remove her furniture and personal belongings from her