Elmassian v. Flores (2021)

Citation: Elmassian v. Flores (2021)
Parent Document: Elmassian v. Flores (2021)
Jurisdiction: California (state)
Effective Date: 2021-09-17
Original Source: https://www.courtlistener.com/opinion/5094726/elmassian-v-flores/ ↗

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In rebuttal, Keyser testified defendant never asked him to make any repairs to the
property. He was unaware of any manager named Jovana Avalos. But he noted that a three-
day notice to pay rent or quit had been served on defendant in December 2018, and the person
that served the notice was listed as Jovan Avalos, a field supervisor for the property
management company.7 Keyser only learned about domestic violence after the notice was
served, when he was “sent videos of a fight that occurred in front of their doorway,” and when
he “received several complaints at that time also in writing,” that “there was fighting going on
between [defendant and Oscar].”
Matthew Conrad Kaczorowski, a managing broker for the property management
company employed by plaintiff, testified he was unaware of defendant requesting that repairs
be performed. Jovan Avalos was a field supervisor for the company, and he was a man, not a
woman, as claimed by defendant. Jovan Avalos was not supposed to have any contact with the
tenants at the property other than to serve eviction notices. The motivation to evict defendant
“was strictly nuisance. We were having problems. All of the tenants in the building were
having problems with this tenant.”
Ruling on the Defense
In considering whether to allow the jury to consider the domestic violence affirmative
defense, the court indicated defendant provided a copy of the emergency protective order and
restraining order. The restraining order stated a hearing was conducted on January 3, and that
on that day William E. Arevalo was ordered to stay away from defendant and the apartment.
The court also noted it was given copies of two reports which defendant referred to in her
testimony, one dated May 5 and the other June 12.
As to the use of any domestic violence committed by Will as a defense, the court
determined the emergency protective order and restraining order satisfied the documentation
requirement in the statute. (§ 1161.3, subd. (a)(1).) However, the court found the defense was

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