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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owners to pursue eviction or injunctive relief against offending tenants." (Andrews,
supra, 125 Cal.App.4th at p. 592.)
       The appellate court in Andrews stated: "A mobile home park owner cannot
disregard conduct by a tenant upon the park premises that constitutes a substantial
annoyance to other homeowners or residents. (Civ. Code, § 798.56, subd. (b).) Faced
with such a situation, the covenant of quiet enjoyment requires a reasonable response by
the landlord, which may include conducting an investigation and thereafter, taking
appropriate action, which may include, inter alia, the issuance of a warning to the
offending party, the pursuit of injunctive relief against the tenant to enjoin the violation
(id., § 798.88), or, if necessary, the commencement of eviction proceedings (id.,
§ 798.56)."7 (125 Cal.App.4th at p. 597.) It concluded that the trial court erred by
granting summary judgment on the breach of contract claim on the ground Mobile Aire
had no duty under the lease to evict the disruptive tenant because there were triable issues
of material fact "whether the level of interference by [the disruptive tenant] was sufficient
to amount to a deprivation of the [complaining tenants'] right to quiet enjoyment, whether
Mobile Aire had notice of the interference, the nature of any investigative and corrective
measures a reasonable landlord should have taken (e.g., a warning, a petition for
injunctive relief pursuant to Civ. Code § 798.88, or other measures to secure [the

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