Ibrahim v. Extreme Auto Recovery CA1/5

Filed 12/4/14 Ibrahim v. Extreme Auto Recovery CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

SAEED J. IBRAHIM, Plaintiff and Appellant, A138663 v. EXTREME AUTO RECOVERY, INC., (San Francisco City and County Super. Ct. No. CGC-11-508375) Defendant and Respondent.

Extreme Auto Recovery, Inc. (Extreme Auto) attempted to repossess a vehicle from Saeed J. Ibrahim. Ibrahim sued Extreme Auto for multiple torts and civil rights violations related to the attempted repossession. The trial court granted Extreme Auto’s motion for summary judgment. We affirm. I. BACKGROUND On June 23, 2011, Ibrahim filed a pro se action against Extreme Auto for false arrest and imprisonment,1 assault and battery, intentional and negligent infliction of emotional distress, negligent hiring, retention, supervision and assignment (hereafter negligent hiring), and violations of the Unruh Civil Rights Act (Civ. Code, § 51 et seq.). Extreme Auto moved for summary judgment. We review the evidence submitted on the

1 In the caption of the first amended complaint, Ibrahim referred to his first cause of action as “false allegation and defamation.” In the body of the complaint, he referred to it as “false arrest and imprisonment” and cited Penal Code section 237, which in subdivision (a) sets the punishment for criminal false imprisonment. In the summary judgment papers, Ibrahim did not dispute that the claim was for false arrest and imprisonment.

1

summary judgment motion in the light most favorable to Ibrahim, the nonmoving party.2 (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) Ibrahim purchased a Lincoln Towncar in 2006 or 2007 from Enterprise Rent-A- Car. He signed a contract allowing the seller to repossess the vehicle if he failed to make monthly payments. Sometime before February 2010, Ibrahim missed monthly payments on the vehicle and received a demand for payment. By February 22, 2010, there had already been two attempts to repossess the vehicle. On February 22, 2010, Amina Amin Bamalli, Ibrahim’s wife, called Ibrahim to report that a tow truck was blocking their driveway. Ibrahim drove home in his Audi and unsuccessfully asked the tow truck driver, Daniel Jones, to move his truck. Ibrahim then drove over his neighbor’s driveway to maneuver the Audi into his driveway. Ibrahim’s Audi never came into contact with Jones or any part of the tow truck. After Ibrahim parked, he and Jones got out of their vehicles, and Jones said, “ ‘Oh, now so you going to run me over? Nigger.’ ” Jones took a swing at Ibrahim, but did not strike him. Ibrahim walked into his house. Ibrahim did not fear for his own physical safety, but he feared for the safety of his wife and child who were inside the house because Jones would not leave. Jones called 911 and told police that Ibrahim had hit him with the Audi. Officers arrived and approached the gate of Ibrahim’s house. For 20 minutes, Ibrahim spoke to officers at the gate in a cordial, professional and courteous manner, and explained that he had not hit Jones with the car. When officers asked him to open the gate, he asked them why and did not comply. An officer then pointed a gun at Ibrahim’s head and said, “Who the F**k does this guy think he is? I’ll blow his F***g head off.” Ibrahim turned to walk into his house. Officers broke down Ibrahim’s gate, ordered Ibrahim down, pushed him to the ground, knelt on his back, and handcuffed him.3 Ibrahim was charged with delaying or obstructing a police officer.