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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Additionally, defense counsel elicited two instances of domestic violence documented in
Singleton’s texts to Keyser, sent, respectively, on May 23 and June 17. (1) She provided
Keyser with a video, which Singleton maintained showed “that [defendant] was hit by her
abuser. He beat her in the stairway.” The video was given to management as “evidence” that
could be used to support the unlawful detainer action and “prove that . . . [defendant] is
bringing problems to the property, a hazard to everyone who lives there.” (2) She told Keyser
that during a “scuffle” between Oscar and defendant, Oscar indicated he “was going to take
[defendant’s] gun or had her gun,” and she heard a gun being fired.19
It was uncertain whether Singleton narrated domestic violence acts she saw prior to or
after the three-day notice having been served. Singleton admitted she was “really bad with
dates,” and the court and defense counsel’s questioning regarding when the incidents occurred
did not clear up the issue.20 To the extent the texts described domestic violence that occurred
prior to service of the notice, the incidents Singleton described could be considered as evidence
supporting the defense. As we view the evidence in the light most favorable to the party
opposing the directed verdict (O’Shea v. Lindenberg, supra, 64 Cal.App.5th at p. 235), and it is
a reasonable conclusion that is deducible from the evidence (Hunt v. United Bank & Trust Co.,
supra, 210 Cal. at p. 117), we presume the violence that was narrated happened prior to the
service.

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