Gomez

Defendants appeal from a judgment entered on a jury verdict awarding $2,500 compensatory and $4,000 punitive damages to plaintiff on his complaint for false imprisonment and malicious prosecution. We reverse.

Defendant Leon Garcia is executive director and defendant Vincent T. Soriano is president of United Community Efforts (UCE), a publicly assisted nonprofit corporation providing social programs to assist the underprivileged in Los Angeles. Plaintiff Matano is a former employee of UCE.

This litigation arises out of a citizen’s arrest of plaintiff effected by defendant Garcia when plaintiff refused to leave the premises of UCE after being requested to do so. The arrest was followed by the filing of a misdemeanor complaint charging plaintiff with a violation of Penal Code section 415 (disturbing the peace). Plaintiff spent some 16 hours in custody as a result of the arrest. Plaintiff was subsequently acquitted of the charge and promptly filed the instant action. Defendants cross-complained charging plaintiff with trespass. The jury found for plaintiff on the cross-complaint.

On appeal defendants contend that the evidence was insufficient to support the judgment on…