Carcamo

BACKGROUND

Plaintiffs filed a third amended complaint on March 22, 2016, alleging false imprisonment and battery. 1 They dismissed their battery cause of action at trial. On the night of February 15, 2014, Carcamo and January, who were dating at the time, had dinner at the Olive Garden in Carson. Both testified they had nothing to drink that night. Their receipt showed a free sample of wine but no alcoholic drink order. In February 2014 Hales and his half-brother Kelton Jolly were living at their mother’s house in Carson. Jolly and January were longtime friends. On February 15, Hales and Jolly had gone to a car show and then to visit a friend. When they got back to the house, Hales parked his van at the curb outside; Jolly was in the passenger seat. They had not been drinking and there was no alcohol or food in the van. Hales was taking medication to stabilize his heart for surgery, and alcohol would “throw everything off.” January had called Jolly to say he was coming over, and Hales and Jolly waited for him in the van for 10 or 15 minutes. The Jolly home was about five minutes away from the Olive Garden; January drove there so he could stop in and say hello to Hales and Jolly.…