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Auto accident

Is it legal to block someone with your car after I miner auto
accident in California to prevent them from leaving in a
private parking lot

Asked on January 27, 2018 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, it is illegal. It may very well qualify as false imprisonment under California Penal Code 236: "False imprisonment is the unlawful violation of the personal liberty of another." The elements of false imprisonment are 
 

The defendant intentionally and unlawfully restrained, detained or confined another person
The defendant made the person stay or go somewhere against that person's will.

It may also be disorderly conduct under local municipal (town or city) ordinance or code.


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