What is the test for "sustained fear" under section 422 of the California Code of Civil Procedure?

safety.'" (People v. Toledo (2001) 26 Cal.4th 221, 228.) The term "sustained fear," within the meaning of section 422, is defined as "a period of time that extends beyond what is momentary, fleeting, or transitory." (People v. Allen (1995) 33 Cal.App.4th 1149, 1156.) "The victim's knowledge of defendant's prior conduct is relevant in establishing that the victim was in a state of sustained fear." (Ibid.)

In People v. Fierro, supra, 180 Cal.App.4th 1342, the court held that evidence defendant told the victim, "I will kill you . . . right now," coupled with displaying a weapon to the victim, was sufficient to support a finding that the defendant's threat caused sustained, reasonable fear, within the meaning of section 422. (Id. at pp. 1348-1349.) In Fierro, the victim encountered the defendant at a gas station. The victim believed the defendant was blocking access to the pumps and asked the defendant to move his car. The defendant told the victim to ask in Spanish and walked into the store. The victim followed the defendant and asked him again to move his car. The defendant again told the victim to ask in Spanish. The victim cursed the defendant, returned to his car, and waited for the defendant to finish fueling. After he did so, there was additional hostile interaction between the defendant and victim. (Id. at pp. 1345-1346.)

A second confrontation occurred in Fierro, shortly after the first, when the defendant got out of his car, approached the victim, and told the victim, "Do you want to fuck with me now?" (People v. Fierro, supra, 180 Cal.App.4th at p. 1345.) The defendant stood about seven feet from the victim by the victim's car and lifted his shirt to display a weapon tucked into his waistband. The victim believed the weapon was a gun.

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