On August 11, the Appellate Division of the Los Angeles County Superior Court issued its opinion in our case of Elmassian v. Flores, where we represented a survivor of domestic violence who was evicted from her home for over a decade because of acts of abuse by former intimate partners. In the opinion, the appellate division agreed with us that our client had provided the trial court with correct documentation to show she was a survivor and enough evidence that the landlord’s complaints were based on acts of domestic violence to raise the domestic violence eviction defense, which generally bans landlords from evicting tenants because of act(s) of abuse against a tenant by a person who is not currently a tenant. The appellate division reversed the trial court’s judgment against our client. FVAP co-counseled this case with Basta, Inc. and Jones Day.
Announcements
FVAP seeks candidate to sponsor for fellowship funding! (Remote/Hybrid Options)
FVAP is available to sponsor a post-graduate 2022 fellow seeking funding from another source but may be able to supplement secured funding commensurate with local salaries. We value diverse experiences and backgrounds. FVAP’s clientele is extremely diverse, and we serve individuals and advocates throughout the state, including rural, suburban, and urban populations. The ideal candidate will bring skills and experiences enabling the candidate to serve these diverse populations adeptly in the context of domestic violence and appellate litigation.
Law Clerk Job Openings – Summer 2022
Summer 2022 Law Clerk Position- Possible Remote and In-Office work options
FVAP is seeking 1-3 full-time law clerks to join our small but exceptional and dynamic California team for Summer 2022. This is a full-time clerkship for 37.5 hours per week and runs for 10 weeks starting at the end of May. Our California office is located in Oakland, California. Please note that due to COVID-19 we are currently working remotely. At this point we do not have a scheduled return. We do not know now what the circumstances will be in Summer 2022 so we are accepting applications for summer clerks who could work in the office if open, work remotely and eventually come into the office when it opens and those who could only work remotely. We value diverse experiences and backgrounds. FVAP’s clientele is extremely diverse, and we serve individuals and advocates throughout the state, including rural, suburban, and urban populations. The ideal candidate will bring skills and experiences enabling the candidate to serve these diverse populations adeptly in the context of domestic violence and appellate litigation.
Legal Victory in Washington Helps Survivors’ Kids Who Have Witnessed Abuse and Might Testify
In partnership with three other gender-based violence and legal aid organizations, FVAP Washington successfully obtained publication in part of a case in which the Court of Appeals ruled that child testimony should not be excluded based on a blanket ban on allowing child witnesses in family law proceedings. Courts must first consider all the circumstances, including whether children have witnessed abuse. The decision also confirms that evidence about domestic violence is relevant, whether or not it is related to the children in the parenting plan trial. A parent’s history of domestic violence, child sexual abuse, and sexual assault that results in pregnancy must be considered. Read the opinion and order to publish in part.
FVAP in Court Today: Other Side Challenging Order Dismissing Lawsuit Against Survivor
FVAP is representing a survivor where the other side is challenging an order dismissing his lawsuit against the survivor. The other side filed a lawsuit against the survivor for defamation and other alleged civil wrongs after she reported her assault to the police. The trial court correctly dismissed the lawsuit since California has a law that protects survivors from being sued because they report the assault to the police.
This case is important to uphold a survivor’s right to make a good-faith report to the police without fear of retaliation. Our co-counsel at Jones Day will be arguing on our client’s behalf today.
FVAP in Court: Helping Survivor Reunite with Her Child After 6 Years
Today we are representing a survivor who we believe was pressured into allowing temporary guardianship for her baby. Six years later she still has not been reunited with her child. After years of delays the trial court gave permanent guardianship to the child’s grandparents and would not give an explanation for this decision.
FVAP believes the trial court used the wrong criteria and stale evidence to make its order and should have explained decision.
FVAP asked state and national organizations to write a friend-of-the-court (amicus) brief on the impact of trauma, the ability of survivors to heal, and the failure of courts to take these issues into account appropriately when making their decisions. Our co-counsel at Mayer Brown will be arguing on our client’s behalf at approximately 4pm this afternoon.
