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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reasonably identify a person as a bona fide residential tenant of the property and, in its
dealings with others concerning rightful occupation of the property, unreasonably fails to
inform or misinforms a third-party as to the bona fide tenant's right to occupy leased
premises, such omission or conduct by the successor may, under particular
circumstances, constitute a "contributing factor" to that third-party's interference with the
bona fide tenant's possession and quiet enjoyment and render that interference
attributable to the successor in interest. (See Rest.2d Prop., Landlord and Tenant, § 6.1,
pp. 222-223, & com. c thereto, p. 225.)
The evidence indicates that, about a month after appellant Perez was turned away,
appellant Nativi tried to return to the garage unit. The police were called and an officer
spoke with the occupants of the main house on the Stoneylake property. After he spoke
with Diaz by telephone, the officer directed appellant Nativi to leave and not return
unless the bank called. Appellants produced the declaration from Officer Harnett, who
had responded to the property when appellant Nativi was trying to get back into her home
on October 29, 2009.12 According to the officer, Diaz made affirmative representations
to him that Nativi was not a tenant and she had no right to be on the property and,
consequently, he told Nativi to leave. We believe this evidence raises triable issues of
material fact whether the Bank, through Diaz's conduct, was a cause ("a contributing
factor") of third parties' substantial interference with appellants' possession of the garage
unit and the Bank, and those acting on its behalf, thereby became responsible for
promptly taking remedial action.13 (See Rest.2d Prop., § 6.1, coms. c & e, pp. 225, 227;

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