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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victim of domestic violence. Requiring that the perpetrator be named and that his relationship
to the victim be described would run counter to the fundamental tenet of statutory interpretation
that “courts should not add provisions to a statute.” (Lee v. Kotyluk (2021) 59 Cal.App.5th 719,
726; see Security Pacific National Bank v. Wozab (1990) 51 Cal.3d 991, 998 [“This rule has
been codified in California as section 1858, which provides that a court must not ‘insert what
has been omitted’ from a statute”].) In addition, the Legislature included an identity component
in section 1161.3, subdivision (a)(1)(D), regarding third-party statements.16 Thus, we infer the
Legislature was aware of a potential identity component but deliberately chose to exclude it
from police reports. (See e.g., American Coatings Assn. v. South Coast Air Quality
Management Dist. (2012) 54 Cal.4th 446, 465; Prang v. Amen (2020) 58 Cal.App.5th 246, 257-
258.) Likewise, as the documentation needed is only that a tenant “filed the report alleging she

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