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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a sworn declaration from him until August 17, 2011. His declaration was attached to her
declaration.6
Officer Harnett stated that he was a Detective for the Department of Public Safety
for the City of Sunnyvale, California. On October 29, 2009, he responded to a call at
1156 Stoneylake Court in Sunnyvale. When he arrived at the property, Nativi informed
him that she was tenant in the garage, she had just returned from an extended trip, people
had moved into her home, and her belongings had been removed from her home. He
observed personal property, which looked damaged, in the back and side yard. He spoke
with the people living in the main house, who told him that they had made arrangements
with, and were paying rent to, the bank which owned the house. The people said the
place was empty when they moved in and showed him "pictures of the personal property
in the backyard." He had spoken with a bank representative, Paulette, who told him that
"the people living in the main house were the only ones who had a right to be at the
property and that Ms. Nativi had no right to be there." Consequently, Nativi was told she
had to leave. The officer's incident report was attached to his declaration.
Attorney Howard's declaration further explained that Walker (AHMSI's
Assistance Vice President, whose declaration was submitted in support of summary
judgment) failed to appear for her noticed deposition on July 28, 2011 and she was not
produced until August 11, 2011. Walker acknowledged in her August 11, 2011
deposition testimony that she had never directly talked to anybody at Advisors and she
had never been to the property. She indicated that the information in her declaration
regarding post-foreclosure occupants came from her attorney.

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