What is the test for a false imprisonment claim?

California, United States of America


The following excerpt is from Bocanegra v. Jakubowski, 194 Cal.Rptr.3d 327, 241 Cal.App.4th 848 (Cal. App. 2015):

Although false imprisonment is an intentional tort because it entails an intentional act resulting in confinement, it can arise through negligence. (Lyons v. Fire Ins. Exchange(2008) 161 Cal.App.4th 880, 888, 74 Cal.Rptr.3d 649.) For example, if a store employee honestly but mistakenly detains a customer the employee believes is a shoplifter[, n]egligent wrongful detention could be found if the store employee detains the customer without reasonable cause. [Citation.] (Ibid.)

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