Hamilton

J.—Appellant City of San Diego (City) appeals from a jury verdict for respondents Philip H. Hamilton and Mercedes T. Hamilton, finding the City liable for false arrest. On appeal the City contends the trial court should have granted its motion for a nonsuit. Because we agree, we do not address the City’s contentions the trial court also erred in admitting evidence, instructing the jury and amending the judgment nunc pro tunc.

Facts

A. Plaintiffs’ Version

According to the plaintiffs’ testimony, on November 23, 1983, plaintiff Mercedes Hamilton took the train from Los Angeles to San Diego. She was met at the San Diego station by her husband, plaintiff Philip Hamilton, sometime between 10:30 and 11 p.m. The Hamiltons walked across the street to the San Diego Steak House restaurant. They ordered sandwiches. Unfortunately the meat in Philip Hamilton’s sandwich was too tough to eat. After the meat was replaced by yet another inedible piece, Philip Hamilton informed the waitress, defendant Herminia Array, that he was not going to pay for the sandwich. Mercedes Hamilton then deducted the price of the uneaten sandwich from the cost of the meal and left money on the table.…