On Oct. 22, 2017, plaintiffs’ decedent Nicholas Pimentel was driving in an unincorporated area of Stanislaus County, between Modesto and Ceres, with his partner, Maria Rivera, as a passenger. At around 1 a.m., police officer Darren Venn observed Pimentel’s vehicle traveling at a high rate of speed, and engaged in pursuit of the vehicle. During the pursuit, Pimentel blacked out his lights and traveled at speeds of up to 100 mph. He also ignored traffic signals and nearly caused several collisions. Venn eventually conducted a maneuver in which the pursuing vehicle forces a fleeing vehicle to turn sideway abruptly, causing the driver to lose control and stop. Pimentel’s vehicle spun out and came to rest near the intersections of Imperial Avenue and Ustick Road, in the Bret Harte region of Modesto. As Venn exited his patrol car, Pimentel accelerated his truck in reverse directly toward Venn. At that moment, police officer Ross Bays’ vehicle came around the corner and struck the driver side of Pimentel’s vehicle, knocking it sideway into a parked vehicle. Venn and Bays exited their vehicles, believing the pursuit had been brought to an end. However, Pimentel’s vehicle began to accelerate again. Venn and Bays discharged their weapons, and Pimentel sustained fatal gunshot wounds. Rivera; Pimentel’s brothers, Derek Pimentel, Matthew Pimentel and Travis Pimentel; his sister, Summer Pimentel; and his son (all acting individually, as successors-in-interest to the estate of Pimentel’s mother, Diane Pimentel; and as representatives of Pimentel’s estate) sued Bays; Venn; the officers’ supervisor, Chief of Police Brent Smith; and the officers’ employers, the city of Ceres and the Ceres Police Department. The lawsuit alleged that Bays’ and Venn’s actions constituted excessive force, in violation of Pimentel’s civil and constitutional rights, and that Smith, the city and the police department were liable for the officers’ actions. Plaintiffs’ counsel contended that Bays and Venn did not have a legal right to fire their weapons since Pimentel did not present a threat of imminent grievous bodily harm to the officers or to any other person. Defense counsel contended that when Bays’ vehicle approached Pimentel’s truck, Bays perceived the threat to Venn when Pimentel’s vehicle accelerated backward toward Venn and that, as a result, Bays struck Pimentel’s vehicle. Counsel also contended that the officers believed that Pimentel’s vehicle was stopped, but that Pimentel began to accelerate his vehicle again, spinning the tires and shifting the car from drive to reverse, rocking it back and forth, in an apparent attempt to dislodge the vehicle. Counsel asserted that Pimentel then turned his wheels in the direction of Bays and that, fearful that Pimentel’s vehicle would imminently dislodge and strike the officers, causing serious bodily injury or death, the officers discharged their weapons to stop the threat. Defense counsel noted that Pimentel was found to have a blood-alcohol content level of 0.28 percent., Pimentel sustained gunshot wounds and died at the scene. He was survived by his partner, Maria Rivera; his son; his brothers, Derek Pimentel, Matthew Pimentel and Travis Pimentel; and his sister, Summer Pimentel. Nicholas Pimentel’s family acted as successors-in-interest to the estate of Nicholas Pimentel’s mother, Diane Pimentel, who was representative of Nicholas Pimentel’s estate. Nicholas Pimentel’s family sought recovery of wrongful death damages.