What is the test for a false imprisonment claim?

California, United States of America


The following excerpt is from London v. Walnut Valley Unified Sch. Dist., B279569 (Cal. App. 2018):

Restraint may be effectuated by means of physical force [citation], threat of force or of arrest [citation], confinement by physical barriers [citation], or by means of any other form of unreasonable duress. [Citation.]" (Fermino v. Fedco, Inc. (1994) 7 Cal.4th 701, 715.) The only intent required "is the intent to confine, or to create a similar intrusion. [Citations.] Thus, the intent element of false imprisonment does not entail an intent or motive to cause harm; indeed false imprisonments often appear to arise from initially legitimate motives. [Citation.]" (Id. at p. 716.)

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