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/ ↗

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       Lastly, in addition to Singleton’s testimony, defendant herself provided evidence as to
domestic violence which supported Singleton being threatened and harassed. Defendant
testified Oscar was violent against her starting in April, and she would, “call the cops every
time he’ll come.” Five days prior to service of the three-day notice, on May 5, when she would
not allow Oscar to enter late in the night, he kicked the door with enough force to break it open,
and an officer came to the complex and filled out a report. Although she did not provide any
details, defendant noted that, before the May 5 report, there were other incidents involving
physical violence by Oscar towards her. As Singleton lived a mere five feet from defendant, it
is reasonable to conclude she heard and/or saw police reporting to the complex and the repeated
instances when defendant was victimized by Oscar, and that she was disturbed, threatened and
harassed as a result thereof.
       Given the evidence presented in the case, we cannot conclude the domestic violence
defense was inapplicable to defend against plaintiff’s charges. Since there was substantial
evidence supporting the defense, the court erred in not allowing the jury to consider it.
                                         DISPOSITION
       The judgment is reversed. Defendant to recover costs on appeal.

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