Webb v. Olive Garden Italian Restaurants/Darden Restaurants

MEMORANDUM

David Q. Webb appeals pro se from the district court’s judgment dismissing his diversity action arising from an incident in which Webb alleges he felt threatened by Olive Garden Italian Restaurants’s employees. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Knievel v. ESPN, 393 F.3d 1068, 1072 (9th Cir. 2005), and we may affirm on any ground supported by the record, Johnson v. Riverside Healthcare Sys., LP, 534 F.3d 1116, 1121 (9th Cir.2008). We affirm.

The district court properly dismissed Webb’s assault claim because he failed to allege that he had been placed in reasonable fear of imminent physical harm. See Lowry v. Standard Oil Co. of Cal., 63 Cal.App.2d 1 , 146 P.2d 57, 60 (Cal.Ct.App. 1944) (assault requires an act demonstrating an intent to inflict immediate injury on a person then present).

The district court properly dismissed Webb’s false imprisonment claim because he failed to allege that he was deprived of his liberty or compelled to remain at the restaurant parking lot. See Collins v. Cnty. of L.A., 241 Cal.App.2d 451 , 50 Cal.Rptr. 586, 591 (Ct.App.1966) (false imprisonment “requires some restraint of the person and that he be…