Roberts

The City of Los Angeles (hereinafter City) appeals from a judgment in favor of plaintiff, Willard Roberts (hereafter Roberts), in which the jury returned a unanimous general verdict awarding plaintiff $32,250 for battery and false imprisonment.

Roberts’ complaint against the City arose out of an altercation with a Los Angeles City police officer during which he alleges that he was battered and, as a result of which, he was falsely imprisoned. In its answer, the City affirmatively alleged, inter alia, that the wrong suffered by plaintiff (hereafter sometimes referred as respondent) was caused “solely by [his] willfully resisting a public officer in the discharge and attempt to discharge the duty of his office,” and that as a result of having had “reasonable cause to believe that a public offense was being committed in their presence,” there “existed probable cause to arrest and detain the plaintiff.”

After the jury returned its verdict, appellant City (hereafter sometimes referred to as defendant) moved for a judgment notwithstanding the verdict and a new trial. City contended that the trial court erred in failing to instruct the jury pursuant to BAJI No. 6.86. It is…