In the early evening of September 2013, plaintiff Thomas Lopez, 48, an operator of a small towing company, All Day & Night Towing Inc., received a call from someone at a local bar/restaurant in nearby Morgan Hill to request that an illegally parked pickup truck be towed from its parking area. As a result, a driver from All Day & Night towed the vehicle to the company’s storage garage in San Martin. When the owner of the pickup, Brent Norman, discovered that his vehicle had been towed, he had a friend drive him to the All Day & Night garage later that evening. Norman allegedly broke-in to the garage (breaking a chain lock) and drove off with his pickup truck. One of the company’s drivers and a neighbor reportedly saw Norman take the pickup, and the All Day & Night driver allegedly tried to stop Norman, but was unable to do so. The sheriff was subsequently called and a report was made, which recommended that Norman be prosecuted for burglary. However, for reasons unclear, no prosecution was ever brought against Norman. Thomas Lopez, doing business as All Day & Night Towing Inc., sued Norman. Lopez alleged that Norman’s actions constituted trespass and conversion. Approximately one month after filing the complaint, Thomas Lopez died of unrelated causes. As a result, an amended complaint was filed, naming his daughter, plaintiff Ashley Lopez, 20, as the estate’s representative., Thomas Lopez previously resided in an apartment above the All Day & Night garage at the time of the alleged incident. However, plaintiff’s counsel contended that shortly after the alleged break-in, Mr. Lopez moved out of his apartment and rented a home away from the garage. Counsel contended that Mr. Lopez was very upset by the incident and that it was the main reason he moved. Thus, Ms. Lopez, on behalf of her father’s estate, sought recovery of damages based on the trespass and conversion claims. She also sought recovery of exemplary damages based on Norman’s outrageous conduct.