Nativi v. Deutsche Bank etc. (Cal. Ct. App. 2014) | Tenants RIGHTS Prevail in California. Deutsche Banksters suffer categorical DEFEAT

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Nativi v. Deutsche Bank et al. (Cal. Ct. App. 2014) | Tenants RIGHTS Prevail in California. Deutsche Banksters suffer categorical DEFEAT

Nativi v. Deutsche Bank et al. (Cal. Ct. App. 2014) | Tenants RIGHTS Prevail in California. Deutsche Banksters suffer categorical DEFEAT

Filed 1/23/14

CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH APPELLATE DISTRICT

ROSARIO NATIVI et al.,
Plaintiffs and Appellants,

v.

DEUTSCHE BANK NATIONAL TRUST COMPANY, et al.,
Defendants and Respondents.

EXCERPT:

. . .

After careful and extensive consideration, this court concludes, solely as a matter of statutory interpretation, that the PTFA causes a bona fide lease for a term to survive foreclosure through the end of the lease term subject to the limited authority of the immediate successor in interest to terminate the lease, with proper notice, upon sale to a purchaser who intends to occupy the unit as a primary residence. The Act impliedly overrides state laws that provide less protection but expressly allows states to retain the authority to enact greater protections. Bona fide tenancies for a term that continue by operation of the PTFA remain protected by California law.

We conclude that the trial court’s analysis was mistaken and respondents were not entitled to summary judgment. Accordingly, the judgment will be reversed.

Appellants also challenge the trial court’s order granting respondent AHMSI’s motion for a protective order. We find the order was not within the trial court’s discretion and reverse.

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