People v. Babich (1993) 14 Cal.App.4th 801, considered the issue of felony false imprisonment and decided that the failure to instruct on misdemeanor false imprisonment was reversible error. There, the victim, who had dated the defendant, went to see the defendant in his home. While talking alone in the defendant's bedroom, they began to argue. According to the defendant, he grabbed the victim's arm, grabbed her other arm, spun her around and held her against him. He " 'clamped' " both her arms with his arm and put his hand over her mouth. When she tried to bite his hand, he removed it, told her to shut up and put his hand on her arms. At this point, defendant's relatives entered the room, and told him to let the victim go which he eventually did. The victim's version was similar to the defendant's account except the victim said that defendant had held a knife to her throat. The defendant was convicted of felony false imprisonment. ( People v. Babich, supra, 14 Cal.App.4th at pp. 804-805.) On appeal, the court concluded that the jury should have been instructed on misdemeanor false imprisonment. It reasoned that the jury could have disbelieved the victim's testimony regarding the knife given the fact that defendant's relatives testified that they did not see a knife. Babich reasoned that had the jury done so, then the remaining evidence established misdemeanor, rather than felony, false imprisonment. The court stated that, "A reasonable conclusion from the evidence in this case would have been that the prosecution had proven unlawful restraint through physical force but not the use of violence--i.e., excessive force--or menace to accomplish the restraint." ( People v. Babich, supra, 14 Cal.App.4th at p. 808.)