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/ ↗

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occasions to the defendant, as well as to others, and that this terrifies her and other tenants at
the property.”
Verdict and Judgment
       The jury returned a special verdict, unanimously answering “Yes” to questions on a
verdict form that asked, “1. Did [plaintiff] properly give [defendant] a [three-day] written
notice to quit?”; “2. Did [defendant] commit or permit a nuisance on the [p]roperty?”; and “3.
Did [plaintiff] file this lawsuit in good faith for a reason stated in the [three-day] notice to
quit?” As instructed in the form, because it answered question 3 in the affirmative, it did not
answer question 4, “Did [plaintiff] serve the [three-day] notice to quit in retaliation against
[defendant] for requesting repairs to the [p]roperty?”
       In accord with the verdict, the court on October 3 entered judgment in plaintiff’s favor.
The court awarded plaintiff possession of the property and forfeited the lease.
                                           DISCUSSION
       The propriety of a court granting a directed verdict as to a cause of action or defense is
subject to de novo appellate review. (Brassinga v. City of Mountain View (1998) 66
Cal.App.4th 195, 210; Colbaugh v. Hartline (1994) 29 Cal.App.4th 1516, 1521.) To the extent
a trial court’s ruling depends on construction of a statute, de novo review is also appropriate.
(Ceja v. Rudolph & Sletten, Inc. (2013) 56 Cal.4th 1113, 1119; Michael S. Yu, a Law Corp. v.
Superior Court (2020) 56 Cal.App.5th 636, 644.)
       A directed verdict can be granted only when “the court . . . determines there is no
evidence of sufficient substantiality to support the claim or defense of the party opposing the
motion . . . .” (Howard v. Owens Corning (1999) 72 Cal.App.4th 621, 629–630.)
       “The rules for reviewing a directed verdict are fairly strict. ‘“A motion for a directed
verdict ‘is in the nature of a demurrer to the evidence, and is governed by practically the same
rules, and concedes as true the evidence on behalf of the adverse party, with all fair and
reasonable inferences to be deduced therefrom.’”’ [Citation.] ‘“‘In determining whether [the
evidence of the party opposing a directed verdict] is sufficient, the court may not weigh the
evidence or consider the credibility of witnesses. Instead, the evidence most favorable to [the

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