On Dec. 14, 2015, plaintiffs’ decedent Hector Alvarez, 19, was leaving the apartment of his fiancée on Filbro Drive, in Gilroy, when he encountered Police Officer Adam Moon, who was responding to a disturbance call at the apartment complex. Alvarez was descending the complex’s staircase as Moon was ascending them. When Alvarez began to raise his hands, Moon fired four shots. Alvarez was shot three times, and he ultimately died at the scene. Alvarez’s mother, Alma Ramirez, acting individually and as guardian ad litem to Alvarez’s two minor children, who were Alvarez’s successors in interest, sued Moon and Moon’s employer, the city of Gilroy. Ramirez alleged that Moon’s actions constituted excessive force in violation of her son’s civil and constitutional rights and that the city was liable for Moon’s actions. Plaintiffs’ counsel contended that Alvarez was unarmed and that when Moon shouted commands for Alvarez to put his hands up, Alvarez complied by raising his hands to shoulder height. However, counsel contended that when Alvarez raised his hands, Moon fired his weapon four times without issuing a warning first. Plaintiffs’ counsel maintained that Alvarez did not physically threaten or verbally threaten Moon and that Moon never saw Alvarez with a weapon or with anything that looked like a weapon. Counsel also maintained that Moon never saw or heard Alvarez injure anyone or threaten to injure anyone. Thus, counsel asserted that because Alvarez posed no immediate threat of death or serious bodily injury to Moon or anyone else, Moon’s use of force was excessive and unreasonable. Moon claimed that when he encountered Alvarez on the staircase, Alvarez continued to descend the stairs and twice moved his hands toward his waistband. He also claimed that the color of Alvarez’s clothing and the fact that gang members lived in that area led him to believe that Alvarez might have been a gang member in possession of a weapon. He alleged that he twice commanded Alvarez to raise his hands, but that Alvarez continued to descend the stairs toward him, making him believe that Alvarez was charging him. Moon claimed that as a result, he backpedaled down the stairs and that when Alvarez began to raise his hands again, he fired four shots. Thus, defense counsel asserted that Moon believed he was acting in self-defense. However, the parties agreed that Alvarez was, in fact, unarmed at all times during the incident., Alvarez sustained two gunshot wounds to the chest and one gunshot wound to the left arm. Plaintiff’s counsel contended that Alvarez was alive immediately after the shooting, but that Alvarez was immobile and bleeding profusely. However, Alvarez ultimately died at the scene. Ramirez, acting individually and on behalf of Alvarez’s minor son and daughter, sought recovery of wrongful death damages for the loss of Alvarez’s life and earning capacity. She also sought recovery of damages for Alvarez’s physical and emotional pain and suffering from the time of the shooting until his death a short time later. In addition, she sought recovery of funeral and burial expenses, and punitive damages.