Schanafelt v. Seaboard Finance Co.

[422]

SHINN, P. J.

From a judgment after verdict awarding plaintiff $500 compensatory and $2,000 punitive damages for false imprisonment, and from an order denying a motion for judgment notwithstanding the verdict, defendant Seaboard Finance Company appeals. The only ground urged for reversal as to liability and also as to damages, is insufficiency of the evidence.

The evidence which tends to support the verdict may be summarized as follows: Plaintiff was delinquent on a furniture loan made by the main Los Angeles office of defendant Seaboard. Mr. Alexander, assistant manager of the Burbank office of defendant, undertook the task of either collecting the deficiency or repossessing the furniture. After unsuccessful efforts to contact plaintiff Alexander made arrangements with a neighbor to call him when anyone arrived at plaintiff’s unoccupied house. In response to a telephone call from the neighbor, Alexander arrived at the home of plaintiff at 11 a.m. on June 2, 1949. He parked his automobile so as to block exit from plaintiff’s driveway, was admitted to the house by plaintiff’s mother and stated his business. Mrs. Sehanafelt requested time in which to make the delinquent payments, and Alexander went with her next door where they telephoned the Los Angeles office of Seaboard. Mrs. Schanafelt talked with Alexander’s superior officer and the extension of time was refused. Alexander then took the phone and was instructed to call a truck and repossess the furniture. On returning to the Schanafelt home, Alexander informed plaintiff that she must stay there until the truck arrived. His manner was abrupt and gruff. Plaintiff asked if she could leave and Alexander said she could not. Fearing the consequence of contrary action, Mrs. Sehanafelt remained. There was no food in the house and although Mrs. Schanafelt complained of hunger Alexander made no offer to procure any for her, although he did get some next door for himself. ■ She asked if she could leave to obtain food and Alexander told her she could not. The truck arrived, backed over plaintiff’s lawn and took the furniture about 2:15 p.m. Alexander then left and Mrs. Schanafelt was free to leave the house.

Defendant contends that there was no evidence to show that Mrs. Schanafelt had her freedom of movement restrained in any way. This contention appears to be founded on the theory that there must be a restraint of liberty by active force in order to constitute false imprisonment. A person is