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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an amendment to the pleadings. [Citation.]" (Robinson v. Hewlett-Packard Corp. (1986)
183 Cal.App.3d 1108, 1132.)
       Furthermore, appellants presented no evidence that a "cash for keys" offer
prompted someone to dispossess appellants by taking all their property out of the garage
unit. The trial court ruled that Nativi's statement that an occupant of the main residence
told her that the bank instructed her to remove the items was hearsay. Appellants
submitted no other evidence that any post-foreclosure occupant understood a "cash for
keys" offer as an instruction or invitation to remove appellants' property from the garage
unit and acted accordingly. The evidence produced indicated that the first two groups of
post-foreclosure occupants with whom Dougherty or Diaz had contact voluntarily left the
property without participating in any "cash for keys" offer.
       Appellants failed to present sufficient evidence from which a trier of fact could
conclude that the dumping of all their property was attributable to the Bank or those
acting on its behalf based on a "cash for keys" offer proffered by Advisors.9
Consequently, neither the Bank nor those acting on its behalf were required to promptly
remedy that situation to avoid liability for breach of the implied covenant of quiet

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