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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          We note the pattern jury instruction as to the defense, CACI No. 4328, states, in part, “[Name
of defendant] claims that [name of plaintiff] is not entitled to evict [him/her/nonbinary pronoun]
because [name of plaintiff] filed this lawsuit based on [an] act[s] of [domestic violence . . . .]” (italics
added). This statement could be, erroneously, taken as informing a jury that the defense applies only
when an eviction action was filed due to domestic violence, even if the action was based on both
domestic violence and non-domestic violence grounds. (See PGA West Residential Assn., Inc. v.
Hulven Internat., Inc. (2017) 14 Cal.App.5th 156, 179, fn. 17 [Jury instructions “‘are not themselves
the law, and are not authority to establish legal propositions’”]; Evans v. Hood Corp. (2016) 5
Cal.App.5th 1022, 1049 [same].)

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