## Facts

- A landlord brought an unlawful detainer action against a tenant, alleging nuisance and other grounds, relying in part on incidents of domestic violence occurring at or near the rental premises.
- The tenant asserted an affirmative defense under California Code of Civil Procedure § 1161.3, which bars terminating a tenancy “based upon” acts against the tenant that constitute domestic violence if the tenant provides specified documentation.
- The tenant offered testimony and a police report memorializing that she reported being a victim of domestic violence within the statutory time window.
- The trial court granted a directed verdict against the tenant on the § 1161.3 defense and entered judgment for the landlord.
- The tenant appealed.

## Issues

1. Whether § 1161.3 may be asserted in an unlawful detainer action when the landlord alleges both domestic-violence-related grounds and independent, non-domestic-violence grounds for eviction.
2. Whether a police report satisfies § 1161.3(a)(1)(B) when it is based on the tenant’s statements and does not identify the perpetrator, the relationship, or all incidents cited by the landlord.
3. Whether the tenant presented sufficient evidence to preclude a directed verdict on the § 1161.3 affirmative defense.

## Decision

- The appellate division reversed the judgment for the landlord.
- A tenant may assert § 1161.3 to defeat eviction to the extent the landlord’s theory is “based upon” domestic violence committed against the tenant, even if other non-domestic-violence grounds are also pleaded.
- The police-report documentation requirement in § 1161.3(a)(1)(B) is met by a timely peace officer report stating the tenant filed a report alleging the tenant is a victim of domestic violence, without requiring the perpetrator’s name, the relationship, or documentation of every incident.
- The trial court erred by directing a verdict against the tenant because the defense was legally available and supported by substantial evidence.

## Legal Principles

- Under Cal. Civ. Proc. Code § 1161.3, a landlord may not terminate a tenancy, or prevail in unlawful detainer, on grounds “based upon” acts of domestic violence committed against the tenant when the tenant supplies qualifying statutory documentation and satisfies the statute’s conditions.
- When an unlawful detainer action rests on mixed grounds, § 1161.3 operates to bar reliance on domestic-violence-based allegations while leaving genuinely independent, non-domestic-violence grounds subject to adjudication.
- For § 1161.3(a)(1)(B), a peace officer’s written report within 180 days that states the tenant filed a report alleging victimization by domestic violence is sufficient; additional details not specified by the statute are not prerequisites.
- A directed verdict is improper where the tenant presents evidence and documentation that could support findings that (1) the tenant is a domestic violence victim and (2) the termination was “based upon” the domestic-violence acts.

## Conclusion

The appellate division held that § 1161.3 protects domestic violence survivors from eviction based on violence committed against them, even in cases alleging additional grounds, and that a timely police report reflecting the tenant’s domestic violence report can satisfy the statute’s documentation requirement; the directed verdict against the tenant was reversible error.


Elmassian v. Flores, 69 Cal. App. 5th Supp. 1 (App. Div. Super. Ct. L.A. Cnty. 2021)