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 form in the statute, used for the tenant statement that must be given to a third party,
includes a space for the victim to fill out stating, “The incident(s) was/were committed by the following
person(s), with these physical description(s), if known and safe to provide:” (§ 1161.3, subd.
(a)(1)(D).)
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          At one point, the court alluded to the fact the report was insufficient because “it’s a vandalism
charge.” Yet, “destroying personal property” of a victim by a perpetrator listed in the Family Code
qualifies as domestic violence (Fam. Code, §§ 603, subd. (a)(4), 6320, subd. (a)), and we can readily
infer defendant was alleging a listed person committed the crime because the officer checked the
“DOMESTIC VIOLENCE” box in the report.

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