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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proceedings would be commenced against them to recover possession and to obtain
damages for their unlawful detention of the property.
5. Supplemental Evidence Submitted by Respondents
Respondents submitted a supplemental declaration of their attorney Charles
McKenna together with a special interrogatory response from Nativi and an excerpt from
Nativi's deposition testimony. A special interrogatory asked Nativi to describe the
circumstances of her alleged denial of access to her unit. Nativi responded: "On
October 29, 2010, the police refused to let [her] into her unit after . . . Diaz, who had
knowledge of [her] tenancy, told the police officer that [she] had no right to be in the
unit. On November 9, 2009, [her] counsel requested that [she] be allowed to regain
possession to the unit and [the Bank's] attorneys refused." The deposition testimony was
part of the same testimony previously submitted, which indicated that Nativi retrieved
some belongings and put some clothing in plastic bags.
Respondents also belatedly submitted the supplemental declaration of Christy
Gunvalsen, which was not referenced in their Separate Statement of Undisputed Material
Facts. Gunvalsen stated, "[i]n the course and scope of my employment as Neighborhood
Preservation Officer, I have access to and am a custodian of records for the City of
Sunnyvale's Department of Public Safety file pertaining to the real property at 1156
Stonylake [sic] Court, Sunnyvale, California." According to Gunvalsen, "[a]t all times,
the converted garage apartment at the 1156 Stonylake [sic] Court property has constituted
an illegal unit, in violation of the applicable City of Sunnyvale municipal ordinances."
6. Supplemental Evidence Submitted by Appellants
Appellants also submitted the declaration of Madeline Howard, another attorney
representing appellants. She indicated that, despite diligent efforts, appellants had been
unable to contact Officer Alan Harnett until July 21, 2011 and had not been able to obtain

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