Instruction 1400 [No Arrest Involved—Essential Factual Elements]:
The plaintiff claims that she was wrongfully restrained, confined or detained by the defendant. To establish this claim, the plaintiff must prove all of the following:
1. That the defendant intentionally deprived the plaintiff of her freedom of movement by use of physical barriers, force, threats of force, menace, fraud, deceit, or unreasonable duress;
2. That the restraint, confinement or detention compelled the plaintiff to stay or go somewhere for some appreciable time, however short;
3. That the plaintiff did not knowingly or voluntarily consent;
4. That the plaintiff was actually harmed; and
5. That the defendant’s conduct was a substantial factor in causing the plaintiff’s harm.
The plaintiff need not have been aware that she was being restrained, confined or detained at the time.
Instruction 1409 [Common Law Right to Detain for Investigation]:
The defendant claims that the detention was not wrongful because he had a right to detain the plaintiff. To succeed, the defendant must prove all of the following:
1. That the defendant was the owner/employer/employee/agent of a business;
2. That the defendant had reasonable grounds to believe that the plaintiff had wrongfully [taken or damaged merchandise or other personal property] [secured services] from the business. If you find facts that establish this, then the defendant had reasonable grounds to detain the plaintiff;
3. That the defendant detained the plaintiff for a reasonable amount of time; and
4. That the defendant detained the plaintiff in a reasonable manner.
[Judicial Council Of California Civil Jury Instructions]
