So Much for the Routine Protective Order

Nativi v. Deutsche Bank National Trust Company, No. H037715 (D6 Jan 23, 2014)

This meat of case deals with a significant issue in mortgage foreclosure law: when is a foreclosing bank required to honor a tenant’s lease to the foreclosed property. (You’ll have to read the opinion if you want the answer to that question.) But it also addresses an interesting issue about protective orders. It holds that the trial court abused its discretion by granting a contested motion for protective order. Notably, the order the court gets reversed for entering contained many of the stock provisions that are common fare in the routine protective orders to which parties regularly stipulate.