Does a trial court have a duty to instruct on a charge of misdemeanor false imprisonment?

While misdemeanor false imprisonment is a lesser included offense of felony false imprisonment, a trial court need not instruct on that lesser offense unless "the evidence would justify a jury in acquitting on the greater offense, but convicting on the lesser." (People v. Babich, supra, 14 Cal.App.4th at p. 807.) Put differently, the trial court's duty to instruct on misdemeanor false imprisonment does not arise unless there is evidence the victim was unlawfully restrained without violence or menace. (Ibid.)