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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the peace require that the actual possession shall not be disturbed except by legal
process"].)
14
       We recognize that the Bank's letter predated Congress's amendment of the PTFA
to define "the date of a notice of foreclosure" as the date title passes to the successor in
interest in the foreclosed property. (See Pub.L. 111-203, Title XIV, § 1484, subd. (1).)
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the foreclosure, facilitating their relocation if possible, and preparing the property for
resale. The evidence does not show that Advisors took steps to determine whether
appellants had the right to remain as tenants of the garage unit through the end of their
lease term by operation of the PTFA. In light of all the evidence, we conclude that a
triable issue of material fact exists whether the Bank's letter was issued in good faith or
whether it was part of a larger course of conduct amounting to constructive eviction by
the Bank.15
                                              IV
                                      Protective Order
A. Parties' Contentions
       Appellants complain that, after the trial court had already ordered AHMSI to
produce documents, AHMSI brought a motion for a protective order and the trial court
improperly granted it. They assert that AHMSI failed to move promptly for such order or
present good cause for its issuance. Appellants maintain that the documents "would be of
acute interest to the general public" because they set forth the servicer's "policies and
procedures for the disposition of property owned by the banks" and the "public has a
keen interest in the ongoing mortgage crisis and how banks are dealing with the
properties they foreclose on and the tenants who live there." Appellants state that "[t]he

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