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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a covenant like a no-pets clause, is not one which rests or is supported by domestic violence.
Likewise, a termination/unlawful detainer based on a tenant committing a nuisance, by selling
drugs or interfering with other tenants’ property interests, like using their parking spots without
permission, also neither rests nor is supported by domestic violence. In contrast, a
termination/unlawful detainer based on a nuisance where an act or acts of domestic violence are
injurious to other tenants’ health, disturb the other tenants, and/or interfere with their property,
does rest, and is supported by, domestic violence evidence.
       We thus agree with plaintiff’s argument on appeal, that existence of domestic violence is
not a talisman which may be invoked to thwart an eviction regardless of the presence of valid
grounds for an unlawful detainer. On the other hand, we find that, when a landlord uses

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