How To Prove A California False Imprisonment Claim

In California, a claim of False Imprisonment is defined as:
False Imprisonment is to restrict a person’s movements intentionally and unlawfully in such manner as to interfere substantially with his liberty by moving him from one place to another, or by confining him either in the place where the restriction commences or in a place to which he has been moved, without consent and with knowledge that the restriction is unlawful. California Penal Code 236 PC describes the crime of false imprisonment.
It simply means:
Illegally holding someone against their will.
There are 5 elements of the claim:
- Element 1. The defendant intentionally detained, restrained or confined a person. The defendant purposely held someone against their will, preventing them from leaving a certain place, which is a key part of proving a false imprisonment claim.
Facts that might support this element look like:
* The defendant physically blocked the exit, preventing the individual from leaving the premises.
* The defendant used force to hold the individual in place, despite their clear objections to being restrained.
* The defendant verbally threatened the individual, stating they could not leave until a specific condition was met.
* The defendant locked the door behind the individual, ensuring they could not exit without permission.
* The defendant repeatedly told the individual they were not allowed to leave, creating a sense of confinement. - Element 2. The defendant’s conduct forced the person to stay somewhere for an appreciable time. The defendant’s actions made it so that the person couldn’t leave a place for a significant amount of time, which is an important part of proving a false imprisonment claim.
Facts that might support this element look like:
* The defendant physically blocked the exit, preventing the person from leaving the premises for over an hour.
* The person repeatedly requested to leave, but the defendant ignored these requests and continued to engage them in conversation.
* The defendant threatened to call law enforcement if the person attempted to leave, instilling fear and compliance.
* The person was unable to access their phone to call for help due to the defendant’s actions.
* The defendant locked the door behind the person, ensuring they could not exit without permission. - Element 3. The person did not consent to stay. In a false imprisonment claim, “the person did not consent to stay” means that the individual was not willing to remain in a place against their will, indicating they were held there without their permission or agreement.
Facts that might support this element look like:
* The individual repeatedly expressed a desire to leave the premises but was ignored by the other party.
* The person was not informed of their right to leave and was misled about the situation.
* The individual was physically blocked from exiting the area by the other party.
* The person was threatened with consequences if they attempted to leave.
* The individual was not given any means of transportation to exit the location. - Element 4. The person was harmed. In a false imprisonment claim, “the person was harmed” means that the individual who was wrongfully confined experienced some form of injury or distress, whether physical, emotional, or psychological, as a result of being held against their will.
Facts that might support this element look like:
* The individual was physically restrained by security personnel for over two hours without justification.
* The person experienced significant emotional distress and anxiety during the period of confinement.
* The individual was denied access to their phone and unable to contact anyone for help.
* The confinement occurred in a small, locked room with no means of escape.
* The person suffered physical discomfort due to the lack of access to food and water during the incident. - Element 5. The defendant’s conduct was a substantial factor in causing the harm. This means that the actions of the person being accused played a significant role in causing the victim to be locked up or held against their will, showing that their behavior directly contributed to the harm experienced by the victim.
Facts that might support this element look like:
* The defendant physically restrained the plaintiff by blocking their exit from the premises.
* The defendant verbally threatened the plaintiff, instilling fear and preventing them from leaving.
* The defendant removed the plaintiff’s belongings, making it impossible for them to leave the location.
* The defendant’s actions directly led to the plaintiff feeling trapped and unable to seek help.
* The defendant failed to provide a means for the plaintiff to exit, contributing to their confinement.
(See Easton v. Sutter Coast Hosp., 95 Cal. Rptr. 2d 316 (Cal: Court of Appeal, 1st Appellate Dist., 4th Div. 2000).)
If you’re in court without a lawyer and plan to assert a Claim of False Imprisonment, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make critical decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to effectively navigate your case.
Prove Your CA False Imprisonment Claim
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