Rosenkranz v. Hass

Although the counsel for both appellant and respondent characterize this as an action for malicious prosecution, a perusal of the pleadings convinces me that it is an action for false imprisonment. The complaint states that the plaintiff was arrested without warrant by a police officer upon the complaint of defendant. The fact that it also states that he did so “ maliciously ” does not change this action from false imprisonment to malicious prosecution; false imprisonment is clearly the gravamen of the action.

*221Upon this appeal, the appellant relies mainly upon the proposition that plaintiff…