4328. Affirmative Defense Tenant Victim DV Sexual Assault Stalking Elder Abuse Human Trafficking

4328. Affirmative Defense--Tenant Was Victim of Domestic Violence, Sexual Assault, Stalking, Elder/Dependent Adult Abuse, or Human Trafficking (Code Civ. Proc., § 1161.3) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of defendant] claims that [name of plaintiff] is not entitled to evict [him/her] because [name of plaintiff] filed this lawsuit based on [an] act[s] of [domestic violence/sexual assault/stalking/human trafficking [or] abuse of an elder or dependent adult] against [[name of defendant]/ [or] a member of [name of defendant]'s household]. To succeed on this defense, [name of defendant] must prove all of the following: 1. That [[name of defendant]/ [or] a member of [name of defendant]'s household] was a victim of [domestic violence/sexual assault/stalking/human trafficking [or] abuse of an elder or dependent adult]; 2. That the act[s] of [domestic violence/sexual assault/stalking/human trafficking [or] abuse of an elder or dependent adult] [was/were] documented in a [court order/law enforcement report]; 3. That the person who committed the act[s] of [domestic violence/sexual assault/stalking/human trafficking [or] abuse of an elder or dependent adult] is not also a tenant of the same living unit as [name of defendant]; and 4. That [name of plaintiff] filed this lawsuit because of the act[s] of [domestic violence/sexual assault/stalking/human trafficking [or] abuse of an elder or dependent adult]. Even if [name of defendant] proves all of the above, [name of plaintiff] may still 4328. Affirmative Defense--Tenant Was Victim of Domestic Violence, Sexual Assault, Stalking, Elder/Dependent Adult Abuse, or Human Trafficking (Code Civ. Proc., § 1161.3) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 evict [name of defendant] if [name of plaintiff] proves both of the following: 1. [Either] [Name of defendant] allowed the person who committed the act[s] of [domestic violence/sexual assault/staking/human trafficking [or] abuse of an elder or dependent adult] to visit the property after [the taking of a police report/issuance of a court order] against that person; [or] [Name of plaintiff] reasonably believed that the presence of the person who committed the act[s] of [domestic violence/sexual assault/staking/human trafficking [or] abuse of an elder or dependent adult] posed a physical threat to [other persons with a right to be on the property/ [or] another tenant's right of quiet possession]; and 2. [ Name of plaintiff] previously gave at least three days' notice to [name of defendant] to correct this situation. __________________________________________________________________________ New December 2011; Revised June 2013, June 2014