Elmassian v. Flores (2021)

Citation: Elmassian v. Flores (2021)
Parent Document: Elmassian v. Flores (2021)
Jurisdiction: California (state)
Effective Date: 2021-09-27
Original Source: https://www.courtlistener.com/opinion/5291317/elmassian-v-flores/ ↗

Full Text

2,260 chars

12
supported by both domestic violence and non-domestic violence evidence. (See Cahill v. San
Diego Gas & Electric Co., supra, 194 Cal.App.4th at p. 956.) We hold the judgment cannot be
justified on this basis.
We proceed to conclude the court erred in granting the directed verdict due to the
perceived deficiencies in defendant’s documentation as to Oscar’s domestic violence, and
further find there was substantial evidence to support the defense.
In our analysis, we do not decide if the court erred in granting the verdict on the defense
based on defendant failing to provide plaintiff notice of domestic violence as to Oscar. Even if
the court was correct in finding such notice was required, lack of notice was not a reason to bar
the defense. Defendant testified she called Jovana Avalos, a person defendant believed was a
manager, and she told Avalos prior to being served with the eviction notice what happened with
Oscar in April and in May. Defendant’s testimony was buttressed by evidence there was a
Jovan Avalos who was a field supervisor for the property management company. Plaintiff
presented proof that there was no person named Jovana Avalos and that the call was not made.
However, we cannot affirm the ruling granting a directed verdict on grounds of notice under the
facts presented, as an appellate court is not allowed to weigh the evidence or consider the
credibility of witnesses, and instead must accept the evidence most favorable to a party
opposing the granting of a directed verdict. (O’Shea v. Lindenberg, supra, 64 Cal.App.5th at
p. 235.)
Standards of Construction and the Statute
Our role “‘“is to determine the Legislature’s intent so as to effectuate the law’s
purpose.” [Citation.] We begin by examining the statutory language because the words of a
statute are generally the most reliable indicator of legislative intent. [Citations.] We give the
words of the statute their ordinary and usual meaning and view them in their statutory context.
[Citation.] We harmonize the various parts of the enactment by considering them in the context
of the statutory framework as a whole.’ [Citations.]” (1550 Laurel Owner’s Assn., Inc. v.
Appellate Division of Superior Court (2018) 28 Cal.App.5th 1146, 1151.)

Other Sections in This Document (74)

Full Text