Legal Question in Criminal Law in California

A unique case of "False Imprisonment"?

I am a semi-quadriplegic man who is confined to an electric wheelchair. I am able to operate my wheelchair independently with the limited mobility of my right arm. I live on a 1 acre parcel with two 1 acre parcels located between my parcel and the main highway. The middle parcel is a flag lot and I have a deeded easement for ingress, egress and utilities over the middle parcel so I can get to the main highway. There is no other path of access from my home to the main highway and the easement is the only thing keeping my parcel from being landlocked.

The owner of the flag lot parcel installed a rubber speed bump approx. 20' from where my property line is and the easement starts. The dimensions of the speed bump and the location are such that I cannot go over or around it and therefore I cannot leave my property. For me to be able to go off my property, I need a specially equipped vehicle and operator with a wheelchair lift to pick me up, secure me down and drive me off my property.

I have asked the neighbor to either modify or remove the speed bump due to the complications it causes me and he refuses. I have asked the Sheriff's Department, on the day it was installed, Fire Department and Building Department to require the neighbor to remove the speed bump and they all told me it was a civil matter.

I filed in Superior Court for an injunction requiring the neighbor to remove the speed bump and the judge's response was that the matter was "too complicated for his court" and "the only way this matter can be settled is by someone moving away".

California Penal Code 236 states that

"False imprisonment is the unlawful violation of the personal liberty of another".

In looking for definitions about false imprisonment, I have found these explanations:

"False imprisonment is sometimes called false arrest. It protects the personal interest in freedom from restraint of movement. Imprisonment does not necessarily mean incarceration (although it may include it); one can be imprisoned when restrained in the open street, or in a traveling automobile.

"The restraint may be by means of physical barriers, or by threats of force which intimidate the person into compliance".

Any information or thoughts regarding this matter would be extremely appreciated!


Asked on 3/27/12, 10:15 am

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Offhand I think you're right that this is false imprisonment, but I haven't researched the relevant law and I don't know enough about the facts. You should try contacting the office of your county's district attorney to see if they will prosecute. The refusal of the police, et al., to get involved does not prevent the D.A. from bringing charges.

What the judge said in your injunction case is outrageous. His job is to decide cases, not to just throw up his hands when confronted with one that is difficult. Unless this was a small claims court (which really might not be able to resolve disputes like yours), he had to rule on the merits.

You may still have the option of appealing that ruling, depending upon when it was made and a variety of other factors. I am an appellate specialist with many years of experience in the field, so you should feel free to contact me if you want to discuss this option

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Answered on 3/27/12, 12:43 pm
Glen Fleetwood Mister DUI-800-468-2-502

I see it differently. NO SUPERIOR court judge refuses to decide a case as too complicated, UNLESS you filed in Small Claims court, and forgot to mention that. If that is what you did, the judge is still in the wrong,as no matter how complicated,he should rule, but Small Claims courts no longer issue injunctive relief.

Whether someone is committing a crime against you is really not the purview of defense lawyers, the offer here is to help those accused of crimes,not to help people accuse others of crimes, even though their accusation is or maybe justified. That is that the DA ans ehfriff are for, even when they don't help.

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Answered on 3/27/12, 2:23 pm


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