Kesmodel

Kesmodel v. Rand

Good Law
119 Cal. App. 4th 1128·15 Cal. Rptr. 3d 118·2004 Cal. App. LEXIS 1020·2004 Daily Journal DAR 7730·2004 Cal. Daily Op. Serv. 5737
Court of Appeal of CaliforniaJune 28, 2004B165072California6,606 words

Opinion

Opinion

Johnson, J.

A tenant of an apartment building sued two other tenants for false imprisonment after they falsely claimed he was a “peeping Tom” and placed him under citizen’s arrest. The matter was tried to a jury which found in plaintiff’s favor. The jury awarded economic, noneconomic and punitive damages. Defendant tenants appeal, claiming they are immune from liability under Civil Code section 47, subdivision (b) because their acts and communications with the police in effecting the citizen’s arrest were designed to prompt action by government officials and thus were absolutely privileged. Alternatively, they claim if the jury properly found them liable for false imprisonment then the trial court erred in imposing liability against them jointly and severally for the noneconomic damages awarded by the jury. We find no error. Accordingly, we affirm.

FACTS AND PROCEEDINGS BELOW

The parties to this lawsuit are neighbors who live in a five-unit apartment building in West Hollywood. Defendants, Marcia and Michael Rand, are mother and son. They live in a three-bedroom unit on the ground floor in the rear of the building. Michael is frequently required to travel in his business and is…

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