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Elmassian v. Flores (2021)

Citation
Elmassian v. Flores (2021)
Parent Document
Elmassian v. Flores (2021)
Jurisdiction
California (state)
Effective Date
2021-09-27
Original Source
https://www.courtlistener.com/opinion/5291317/elmassian-v-flores/ ↗

Other Sections in This Document (74)

Full Text

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         The retaliation based on complaints due to failure to make repairs defense can be defeated if a
plaintiff shows that, even if a plaintiff acted with a retaliatory motive, the plaintiff “also filed the
lawsuit in good faith for a reason stated in the [eviction] notice.” (CACI No. 4321; see also Civ. Code,
§ 1942.5, subd. (g).) Hence, testimony about the nuisance complaints which management received
were admitted to show plaintiff’s good faith, and were not to be considered to prove the truth of the
matter that the incidents narrated actually occurred.