Fowlkes

Fowlkes v. Deutsche Bank CA2/8

Good Law
Court of Appeal of CaliforniaAugust 5, 2014B247298California1,645 words

Opinion

Opinion

Rubin, J.

FACTS AND PROCEEDINGS

Because this appeal is from a demurrer, we recite the facts as stated in appellants’ complaint without judging their veracity. In November 2010, appellant Tremaine Fowlkes signed a three-year lease for a home on Rodgerton Drive in Los Angeles. In June 2011, Deutsche Bank National Trust, which is not a party to this appeal, took title to the house by non judicial foreclosure. The following month in July 2011, Deutsche and its agents began to intimidate and harass Fowlkes, by among other things, posting “No Trespassing” signs on the property and damaging door locks. In September 2011, appellant Virgil Forbin moved into the house as Fowlkes’s subtenant. (Forbin did not, however, enter into a written sublease until November 1, 2011.) On October 3, 2011, Deutsche’s agent entered the house without giving notice to appellants and damaged their personal property. Two days later on October 5, 2011, Deutsche sent appellants a “Notice of Belief of Abandonment of Occupancy.” To prevent additional intrusions into their home, appellants hired a private security guard for the premises. On November 5, 2011, defendants cut off water, gas, and electrical utilities to the…

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