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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and damaging the vehicles of the other tenants in the building,” and plaintiff presented evidence
of several instances involving Singleton getting “dirty looks” and being threatened, harassed
and intimidated for reasons unrelated to parking disputes.
Evidence was presented that Singleton felt threatened and intimidated by defendant
repeatedly having been victimized by Oscar in and around the next-door apartment where
defendant lived. Plaintiff brought forth such evidence when Singleton testified on direct
examination that, what led to the day that defendant and Oscar drove a car close to her and gave
her “stares and dirty looks,” was when on the previous night, “Oscar and [defendant] were
having this fight, and it was so bad that I could hear everything, because it was in the walkway
where the stairs are. Me and my mother, we were talking about it, and they didn’t like us
talking about it.” Singleton also testified on direct to being afraid of defendant and defendant’s
guests, “because they’re violent people. They cause a lot of problems,” and because she has
seen “so many fights outside . . . . with [defendant] and others fighting with other people in the
driveway.” Singleton indicated she texted Keyser, the property manager complaining Oscar
was parking in her spot and that “[defendant] is back with her abuser.”
Although an inference could be drawn that the “many fights” Singleton saw referred to
fights defendant and other people had engaged in other than between Oscar and defendant, in
context, it did not preclude an inference that Singleton believed defendant and Oscar caused
problems because defendant was continually getting into fights and “scuffles” with Oscar.
Further, it could reasonably be inferred from the testimony about Singleton telling management
on April 26 and April 29 defendant was “back with her abuser,” that Singleton had complained
about defendant being abused by Oscar previous to these two dates. In reviewing the granting
of a directed verdict, we are required to accept the reasonable inferences which can be drawn
from the evidence that support the applicability of the defense. (See Hauter v. Zogarts, supra,
14 Cal.3d at p. 110.)

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