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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The intent was to preclude using the defense when the eviction was based on reasons
other than domestic violence, and to allow a tenant-victim to defend against grounds for actions
which relied on domestic violence acts to prove an unlawful detainer.
Required Documentation
       For a tenant to be allowed to use the domestic violence defense, the statute requires that
acts of domestic violence “have been documented.” (§ 1161.3, subd. (a)(1).) In addition to
stating acts can be documented by a restraining or protective order (§ 1161.3, subd. (a)(1)(A)),
and by “[d]ocumentation from a qualified third party based on information received by that
third party while acting in [the party’s] professional capacity” (§ 1161.3, subd. (a)(1)(C)), a
tenant can provide, “[a] copy of a written report, written within the last 180 days, by a peace
officer employed by a state or local law enforcement agency acting in his or her official
capacity, stating that the tenant . . . has filed a report alleging that he or she . . . is a victim of
domestic violence . . . .” (§ 1161.3, subd. (a)(1)(B)).

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