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/ ↗

Full Text

2,101 chars

9
insufficient descriptive information. These are not police reports. It is simply information for
the person, the party making the report, to let them obtain a police report.” The court ruled the
jury could not consider domestic violence as to Oscar as a defense, because, “[O]ne, the court
finds it’s not sufficient to qualify as a police report. Two, there’s absolutely no notice given to
anyone with regard to [the May 5] incident.” The court granted plaintiff’s motion for a directed
verdict as to the domestic violence defense.9
Closing Argument
Defendant’s counsel in closing urged the jury to disbelieve Singleton’s testimony as to
her parking spot being blocked, that there was drug dealing occurring on the property, and that
she was harassed and intimidated by defendant. Counsel also argued the eviction was done in
retaliation for defendant complaining about her unit’s disrepair. Plaintiff’s attorney argued
defendant was evicted based on the reasons stated in the three-day notice, not in retaliation for
her complaining about her apartment needing repairs. The attorney maintained a nuisance
occurred based on defendant, Will, and Oscar parking in, and blocking off, Singleton’s parking
spot, and due to the evidence of the use and sales of drugs by persons associated with defendant
and her husband and boyfriend.
As to threats, harassment, and intimidation, plaintiff’s attorney argued that, in addition to
defendant being hostile and threatening Singleton and other tenants, Oscar’s violent conduct
towards defendant was threatening and intimidating. The attorney pointed out, “You heard
directly from . . . defendant about Oscar’s violent conduct at the property. It is no wonder that
Ms. Singleton is terrified from this harassment and intimidation, because it is coupled with the
violence that she has already seen from this person just across the hall.” The attorney argued
the jury should believe Singleton’s claims of harassment and intimidation, because she credibly
maintained “that Oscar harasses, he intimidates her. He’s violent on the property on numerous

Other Sections in This Document (74)

Full Text