Venegas

MUNOZ (AURELIO), J. [*]

In this case involving a trial on claims for false arrest under state law and for unreasonable search and seizure under the federal Civil Rights Act, 42 U.S.C. section 1983 (section 1983), plaintiffs appeal from judgment in favor of defendants after the court granted defendants' motion for nonsuit. Plaintiffs challenge the grant of the motion for nonsuit, related evidentiary rulings, as well as pretrial orders sustaining demurrers and granting summary adjudication on plaintiffs' other related claims.

In a criminal prosecution, where there is a search or seizure issue, the trial court determines the issue of probable cause as a matter of law. (See People v. Lawler (1973) 9 Cal.3d 156, 160 , 107 Cal.Rptr. 13 , 507 P.2d 621 ; People v. Gorg (1955) 45 Cal.2d 776, 780 , 291 P.2d 469 .) However, in a 1983 action the duty to resolve conflicts in the evidence is for the jury to determine so that the issue of probable cause essentially becomes a jury question. ( McKenzie v. Lamb (9th Cir. 1984) 738 F.2d 1005, 1007-1008 .) Here, the trial court, rather than the jury, attempted to resolve those issues. This was error and we reverse. We also conclude the trial court…