False Imprisonment Cases In California

"False imprisonment" is the unlawful violation of the personal liberty of another." ( 236; accord, People v. Fosselman (1983) 33 Cal. 3d 572, 579 [189 Cal. Rptr. 855, 659 P.2d 1144]; People v. Von Villas (1992) 10 Cal. App. 4th 201, 255 [13 Cal. Rptr. 2d 62] (Von Villas).) In this context, " 'personal liberty' " is violated when "the victim is 'compelled to remain where he does not wish to remain, or to go where he does not wish to go.' " (Von Villas, supra, 10 Cal. App. 4th at p. 255, quoting People v. Haney (1977) 75 Cal. App. 3d 308, 313 [142 Cal. Rptr. 186]; People v. Agnew (1940) 16 Cal. 2d 655, 659-660 [107 P.2d 601]; People v. Bamba (1997) 58 Cal. App. 4th 1113, 1121 [68 Cal. Rptr. 2d 450]; People v. Fernandez (1994) 26 Cal. App. 4th 710, 718 [31 Cal. Rptr. 2d 677].) It is the restraint of a person's freedom of movement that is at the heart of the offense of false imprisonment embodied in section 237. ( People v. Bamba, supra, 58 Cal. App. 4th at p. 1121.) "The wrong may be committed by acts or by words, or both, and by merely operating upon the will of the individual or by personal violence, or both . . . " ( People v. Zilbauer (1955) 44 Cal. 2d 43, 51 [279 P.2d 534], quoting People v. Agnew, supra, 16 Cal. 2d at p. 659, quoting 22 Am.Jur.2d (1988) Damages, 359, p. 405.) The offense becomes felonious when it is "effected by violence, menace, fraud, or deceit . . . ." ( 237; accord, People v. Straight (1991) 230 Cal. App. 3d 1372, 1374 [282 Cal. Rptr. 10].) 'Violence' . . . means the ' "the exercise of physical force used to restrain over and above the force reasonably necessary to effect such restraint." ( People v. Matian (1995) 35 Cal. App. 4th 480, 484 [41 Cal. Rptr. 2d 459], quoting People v. Babich (1993) 14 Cal. App. 4th 801, 806 [18 Cal. Rptr. 2d 60], quoting CALJIC No. 9.60.) "Menace" is defined as " ' "a threat of harm express or implied by word or act." ' " ( People v. Matian, supra, 35 Cal. App. 4th at p. 484.)