Elmassian v. Flores (2021)

Citation: Elmassian v. Flores (2021)
Parent Document: Elmassian v. Flores (2021)
Jurisdiction: California (state)
Effective Date: 2021-09-17
Original Source: https://www.courtlistener.com/opinion/5094726/elmassian-v-flores/ ↗

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       Defendant testified she often complained to managers about the disrepair of her
apartment, including issues with “the electricity” and the damaged and defective ceiling.
Defendant also “called the city” to complain about the disrepair.
       One of the managers she spoke with on the telephone was a person who identified
herself as “Jovana Avalos.” In December 2018, in addition to asking that her unit be repaired,
defendant told Jovana about an incident that led to her getting an emergency protective order
followed by a restraining order regarding Will. Defendant testified Will had grabbed a knife
while at the apartment, and on December 10, 2018, she obtained an emergency protective order
requiring that Will stay away. Defendant wanted a security door installed due to her fear of
Will. She testified, “I had been the victim of domestic violence and my social worker told me
that I needed to have William be removed out of my contract. So that’s when I had told her
what had happened to me in December.” Defendant told Avalos about the security door, and
also instructed Avalos she wanted Will removed from the lease. Defendant never allowed Will
to return to the apartment after obtaining the restraining order.
       Oscar would not do any “gang banging” where she lived, and to her knowledge, he
never intimidated or harassed anyone. But, defendant testified that, after she broke up with him
in April 2019, Oscar began acting violent towards her to the point that “I would call the cops
every time he’ll come.” On May 5, at 11:25 p.m., Oscar came by although she had told him she
did not want to be with him and to “not be coming around the house.” She refused to open the
door, and Oscar “busted [her] wooden door open.” Defendant called the police, and the police
completed a report of the incident and gave her a copy.6 Without providing details, defendant
also testified there were other incidents involving physical violence towards her by Oscar in the
beginning of April. Defendant further testified she told Avalos, on the telephone, what
happened with Oscar in April and in May, “I told her I was having another situation and I
needed the -- well, I kept proceeding with the door.”

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