“False imprisonment is the unlawful violation of the personal liberty of another person. . . The tort consists of the ‘nonconsensual, intentional confinement of a person, without lawful privilege, for an appreciable length of time, however short. . . [The] [p]laintiff must be ‘deprived of his liberty or compelled to stay where he does not want to remain, or compelled to go where he does not wish to go.’ But physical restraint is not essential. Words or conduct leading to a reasonable apprehension the detained person will not be allowed to leave is sufficient.” Confinement or restraint may be by actual force, threat of force, physical barrier, fraud or deceit, unreasonable duress, or a failure to release. [The plaintiff not not be aware of the confinement.]
The statute of limitations period is a single year. The cause of action accrues upon the release from confinement. Compensable damages include “loss of time, business interruption, damage to reputation, physical discomfort [illness or injury], expenses to secure release from confinement.” Punitive damages may also be awarded upon a showing that the defendant acted with oppression, fraud or malice.
Additional remedies may be provided by a domestic violence restraining order, a civil harassment restraining order, a dependent adult protection order, and protections and orders against workplace violence.
[California Practice Guide: Civil Procedure Before Trail Claims & Defenses [citations to primary sources omitted]]
