VII.

          THE EVENTS OF NOVEMBER 13TH CONSTITUTE FALSE IMPRISONMENT

 

False imprisonment occurs when:

 

          a.       The defendant intentionally and unlawfully exercised force or the express or implied threat of force to restrain, detain or confine the plaintiff;

          b.       The restraint, detention or confinement compelled the plaintiff to stay or go somewhere for some apprehensible time, however short;

          c.        The plaintiff did not consent to such restraint, detention or confinement;

          d.       The restraint, detention or confinement caused plaintiff to suffer injury, damage, loss or harm.


(BAJI 7.60 - False Imprisonment - Essential Elements (as adapted))

 

Actual threat of force is not required by when the detention is

effected by other means. (Scofield v. Critical Air Medicine, Inc. (1996) 45 Cal. App.4th 990, 1001-1002.) A plaintiff can recover compensatory damages for extreme anxiety alone. (See Schanafelt v. Seabord Finance Co. (1951) 108 Cal. App.2d 420, 423, cited in Use Note to BAJI 7.60.)

          EMPLOYEE was detained in her car by her boss, who loomed over her, using physical leverage as well as his authority as her boss to restrain her from leaving. Moreover, she was blocked into the car by HARASSER’s body (HARASSER Depo. 111:18-25) and she could not drive away because his body prevented her from closing the door. (HARASSER Depo. 111:5-12.) The detention, if brief by the clock, pinned EMPLOYEE in for a harrowing, apprehensible amount of time.

          HARASSER acknowledged that immediately after he “backed off,” EMPLOYEE looked upset and distressed. (HARASSER Depo. 114:3-6, 15-20.) The impact appeared grave enough that when EMPLOYEE did not appear at work the next day, November 14, 2000, HARASSER thought it was “maybe something related to last night.” (HARASSER Depo. 115:21-116:1.) HARASSER’s act imprisoning EMPLOYEE caused harm. (EMPLOYEE Depo. 317:19-23; Exhibit 7.6-7.11 [police report re: plaintiff’s demeanor]; HARASSER Depo. 114:3-6, 15-20; NURSE Depo. supra.)

          The false imprisonment claim should be adjudicated summarily in plaintiff’s favor.