CACI No. 4328

Proc., § 1161.3)

[Name of defendant] claims that [name of plaintiff] is not entitled to evict

[him/her/nonbinary pronoun] 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/ [or] [specify crime

from Civil Code section 1946.7]] against [[name of defendant]/ [or] a

member of [name of defendant]’s immediate family/ [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 plaintiff] received documentation showing that

[[name of defendant]/ [or] a member of [name of defendant]’s

immediate family/ [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/ [or] [specify crime from Civil Code section

1946.7]];

2. That the act[s] of [domestic violence/sexual

assault/stalking/human trafficking/ [or] abuse of an elder or

dependent adult/ [or] [specify crime from Civil Code section

1946.7]] [was/were] documented in a [court order/law

enforcement report/statement of a qualified third party acting in

a professional capacity/[specify other evidence or documentation]];

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/ [or] [specify crime from Civil Code section

1946.7]] is not a tenant of the same living unit as [[name of

defendant]/ [or] a member of [name of defendant]’s immediate

family/ [or] a member of [name of defendant]’s household]; and

4. That [name of plaintiff] filed this lawsuit seeking to evict [name of

defendant] because of the act[s] of [domestic violence/sexual

assault/stalking/human trafficking/ [or] abuse of an elder or

dependent adult/ [or] [specify crime from Civil Code section

1946.7]].

Even if [name of defendant] proves all of the above, [name of plaintiff]

may still evict [name of defendant] if [name of plaintiff] proves all of the

following:

1. That the person who committed the abuse or violence threatened,

by words or by actions, the physical safety of other [tenants/ [or]

guests/ [or] invitees/ [,/or] licensees];

2. That [name of plaintiff] gave [name of defendant] a three-day notice

requiring [him/her/nonbinary pronoun] not to voluntarily permit or

consent to the presence on the property of the person who

committed the abuse or violence; and

3. That, after the three-day notice expired, [name of defendant]

voluntarily permitted or consented to the presence on the

property of the person who committed the abuse or violence.

[If the person who committed the abuse or violence is also a defendant

in this case, I will decide if an eviction of only that person is appropriate

after you, the jury, decide certain facts.]

New December 2011; Revised June 2013, June 2014, January 2019, May 2020, May

2024, November 2024