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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       Plaintiff used evidence of domestic violence to show Singleton was in fear of Oscar.18
Defense counsel went further, eliciting domestic violence evidence in cross-examining
Singleton to try to show she was threatened and harassed by Oscar’s acts of domestic violence
committed on the property. The evidence supported the defense that, to the extent the three-day
notice nuisance grounds were based on defendant and Oscar’s loud and disruptive fights and
other domestic violence incidents, the notice could not support the eviction under section
1161.3.
       Singleton testified on cross-examination that, although she believed Oscar was a gang
member, she did not see him commit any gang-related crime. Singleton’s fear and the
interference with the enjoyment of her property sharply escalated and “got bad” in the months
of April and May, coinciding with when defendant broke up with Oscar, and defendant was
continually victimized by Oscar’s violent behavior at the apartment complex. Living very close
to defendant’s unit, Singleton could “overhear the violence that goes on,” and she feared Oscar
was a violent person, “based on the way he abuses [defendant].” She saw holes in the wall by
defendant’s apartment door caused by “Oscar and [defendant] when they get in a scuffle [sic].”

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