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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Elmassian v. Flores (2021)

Citation
Elmassian v. Flores (2021)
Parent Document
Elmassian v. Flores (2021)
Jurisdiction
California (state)
Effective Date
2021-09-27

Other Sections in This Document (74)

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       As to the threats, harassment and intimidation indicated in the eviction notice, Singleton
testified both Will and defendant had many times given her “dirty looks” and she once had “an
altercation” with defendant regarding the parking situation. Oscar had the tattoo “BHR” on the
back of his head, and Singleton believed he was a member of the Big Hazard street gang which
frequented the neighborhood. The gang was known for committing violent crimes, and
Singleton was very frightened by Oscar and was reluctant to confront him when he would park
in her spot.
       Singleton testified on direct examination to a day where defendant and Oscar “drove
their car really close to [her]” and “there were stares and dirty looks, like they were waiting to
jump [her].” She explained that “what led to that incident was the night before Oscar and
[defendant] were having a fight, and 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 she was afraid of defendant and defendant’s guests, “because they’re violent people.
They cause a lot of problems,” and because she had seen “so many fights outside . . . with
[defendant] and others fighting with other people in the driveway.” Singleton additionally
testified on direct that on April 26 and April 29, she sent text messages to Al Keyser, one of the
managers of the property, telling him “[defendant] is back with her abuser,” and complaining
Oscar was parking in the driveway blocking her from parking in her spot.
       On cross-examination, in addition to attempting to discredit Singleton’s testimony about
her parking space and car being blocked and drug activity occurring in the apartment complex,
defense counsel elicited testimony to show the reason Singleton felt threatened, harassed, and
intimidated was due to having witnessed multiple incidents of domestic violence involving
defendant. Singleton testified things “got bad” in the months leading to the three-day notice
being given to defendant on May 10. She stated she believed Oscar was a violent person,
“based on the way he abuses [defendant].” Defendant and Oscar broke off their relationship,
but Oscar would return to the complex. Singleton could “overhear the violence that goes on”
because her door was five feet away from defendant’s door. There were holes that had been