Elmassian v. Flores (2021)

Citation: Elmassian v. Flores (2021) (2)
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/ ↗

Full Text

1,340 chars

(2) The person against whom the protection order has been issued or who
      was named in the police report or Tenant Statement and Qualified Third[-
      ]Party Statement regarding the act or acts of domestic violence, sexual assault,
      stalking, human trafficking, or abuse of an elder or dependent adult is not a
      tenant of the same dwelling unit as the tenant or household member.13
The “Based Upon” Requirement
       The statute states, “. . . . a landlord shall not terminate a tenancy or fail to renew a
tenancy based upon an act or acts against a tenant . . . that constitute domestic violence . . . .”
(§ 1161.3, subd. (a).) The word “based” means “having as its basis,” and a “basis,” is defined
as “the base, foundation, or chief supporting factor of anything . . . [⁋] . . . the principal
constituent of anything.” (Collins English Dict. (online ed. 2021) <https:
//www.collinsdictionary.com/us/dictionary/english/based; basis> [as of July 20, 2021]; see
Consumer Advocacy Group, Inc. v. Exxon Mobil Corp. (2002) 104 Cal.App.4th 438, 444 [to
ascertain the common meaning of a word in a statute, “a court typically looks to dictionaries”].)
The word “upon” in the phrase refers to the object on which something is based. (Merriam-
Webster’s Online Dict. (2021) <http://www. merriam-webster.com/dictionary/upon> [as of

Other Sections in This Document (77)

Full Text