4323. Affirmative Defense Discriminatory Eviction (Unruh Act)

4323. Affirmative Defense--Discriminatory Eviction (Unruh Act) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of defendant] claims that [name of plaintiff] is not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 defendant] is discriminating against [him/her] because of [insert protected class, e.g., her national origin, or other characteristic protected from arbitrary discrimination]. To succeed on this defense, [name of defendant] must prove both of the following: 1. That [name of defendant] is [perceived as/associated with someone who is [perceived as]] [insert protected class, e.g., Hispanic, or other characteristic]; and That [name of plaintiff] filed this lawsuit because of [insert one of the following:] [[his/her/its] [perception of] [name of defendant]'s [insert protected class, e.g., national origin, or other characteristic].] [[name of defendant]'s association with someone who is [perceived as] [insert protected class, e.g., Hispanic, or other characteristic].] ________________________________________________________________________________ New August 2007 2.