IIED
While a defendant must have intended to cause severe emotional distress or mental anguish to the plaintiff, this type of conduct will also suffice (i.e., where the defendant acts in deliberate disregard of the high probability that his actions will cause emotional distress).
What is Reckless conduct?
"___________” requires that the plaintiff be restricted to a limited area without knowledge of a readily available and safe means of escape.
What is Confinement?
This California Penal Code section defines False imprisonment as "the unlawful violation of the personal liberty of another."
What is California Penal Code section 236?
This boundary must be exceeded in order for conduct to be considered "extreme" and "outrageous"
What is "all bounds of decent behavior?"
This test is used in order to determine whether or not the defendant's conduct was intentional
What is the "Desire or belief in substantial certainty" test?
This California Penal Code Section outlines the punishments of committing false imprisonment
What is California Penal Code Section 237 (subdivision (h) of Section 1170, or subdivision (f) of Section 368)?
This doctrine does not apply to IIED claims if the Defendant intended to cause bodily harm/property damage but only caused unintended and unexpected emotional distress
For a means of escape to be deemed "reasonable," these three conditions must be met.
What is readily available, safe, and known to the Plaintiff?
According to California code, a person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services, is guilty of human trafficking and shall be punished by imprisonment in the state prison for _, _, or __ years
What is 5, 8, or 12 years?
This label given to IIEDs meaning it may only apply if the plaintiff cannot succeed in any other claim
What is a Gap-Filler Tort?
Physical force is one of the ways that false imprisonment can be carried out. _______ or ______ can also cause a false imprisonment.
What is Threats or Duress?
When a peace officer comes into contact with a person who has been deprived of his or her personal liberty, the peace officer shall consider whether the any following indicators of human trafficking are present:
What is (any of the following):
(a) Signs of trauma, fatigue, injury, or other evidence of poor care.
(b) The person is withdrawn, afraid to talk, or his or her communication is censored by another person.
(c) The person does not have freedom of movement.
(d) The person lives and works in one place.
(e) The person owes a debt to his or her employer.
(f) Security measures are used to control who has contact with the person.
(g) The person does not have control over his or her own government-issued identification or over his or her worker immigration documents.
Even in a case in which the defendant did not know about a plaintiff’s particular sensitivity, where an ordinary situated person would suffer severe emotional distress as a result of the defendant’s conduct, a plaintiff may recover for injuries beyond the ordinary if they are due to a preexisting mental or emotional state because of this rule.
What is the "Eggshell Skull" Rule?
For there to be a false imprisonment, the Plaintiff either must have been physically harmed or been aware at the "____" of the false imprisonment
What is at the "time?"
A mother received a telephone call asking her to meet with the vice principal of her son’s school because he was caught cheating on a test. As she was waiting in the hallway to meet with the vice principal, the school’s janitor, a big man who was an amateur body builder, introduced himself as the vice principal and asked the mother to step into his office, closing the door behind him. For several minutes, the janitor asked the mother a series of flirtatious personal questions, causing the mother to grow very uncomfortable. However, she did not leave the office out of concern for her son’s academic standing, The actual vice principal eventually returned to his office and ended the questioning.
If the mother sues the janitor for false imprisonment, is she likely to prevail?
A. Yes, because the janitor was a body builder who could have physically harmed her if she tried to leave the room
B. Yes, because she would not have stayed in the room if the janitor had not pretended to be the vice principal
C. No, because the janitor would have let her leave is she wanted
D. No, because she had no reason to believe that she could not leave.
What is answer D?
During a bank robbery, cashier Pete is locked into the bank vault by the robbers. After the robbery, the bank President, Dan, is angry that Peter did not put up a fight; therefore, to punish Pete, Dan leaves the vault locked for a few hours.
A. Can Pete recover from Dan for false imprisonment?
B. Would it make any difference that Pete was unaware that he was being “punished” by Dan?
C. What if Pete was knocked unconscious before being locked into the vault and was only made aware that he was locked in the day after?
What is Yes, No, and Probably Not?
This case held that close family members may recover damages for the emotional distress they suffer if remains are negligently or intentionally mishandled.
What is Christensen v. Superior Court?