On Nov. 11, 2008, plaintiffs’ decedent Dontaze Storey, Jr., an unemployed 29 year old, was near a Rite Aid store when he encountered Los Angeles County police officers. After a brief pursuit, nine shots were fired, and Storey was struck by at least four of them. Storey’s fiancée, Estaze Yankey, witnessed the incident and threw herself on Storey’s body immediately after the shooting. Paramedics found Storey collapsed on the sidewalk adjacent to a group of newspaper stands. However, Storey died at the scene. At the time of the shooting, Storey and Yankey were engaged to be married, and Storey had recently learned that they were expecting a child together. Yankey subsequently gave birth to Dontaze Storey Jr., II, Storey’s namesake. Yankey, acting as the guardian ad litem for Dontaze Storey Jr., II, sued the Los Angeles Police Department, the city of Los Angeles, and Rite Aid. The action was later amended to replace the “Doe” defendants with Officers Christopher Razo, Joseph McDowell, Daniel Bunch, and Oliver Malabuyo. Yankey alleged that the defendants’ actions constituted excessive force in volitation of the Fourth Amendment and battery by a peace officer in violation of California law. She also alleged that the defendants’ actions caused the wrongful death of the father to her minor son. Rite Aid, Razo and McDowell were ultimately dismissed from the case. The matter subsequently proceeded to trial against Bunch, Malabuyo, and the city of Los Angeles. Yankey and other eyewitnesses testified that the decedent’s hands were visible and that he had nothing in them when he was shot. Thus, Yankey claimed the decedent did not have a gun and was unarmed at the time of the shooting. Plaintiff’s counsel argued that Bunch and Malabuyo used unreasonable excessive force in shooting an unarmed, non-dangerous fleeing person without warning. Counsel contended that a bullet impact to a parked truck some 50 or 60 feet away from the spot where the decedent fell suggested that the officers opened fire while the decedent was running away and that the trajectory of the fatal bullet entered the side of Storey’s neck and traveled downward through his heart and lungs. Counsel also contended that the bullet trajectory of the fatal shot was back to front and downward, as it entered the side of the decedent’s neck and traveled down through his heart and lungs. Plaintiff’s counsel further argued that the trajectory of the fatal shot was not consistent with the officers’ version of events, which was that the decedent was facing them. Bunch and Malabuyo claimed that they and two other officers were on-duty and responding to a report of a man with a gun threatening a patron at a Rite Aid store. They claimed that when they encountered the decedent, who matched the description given, on foot near the Rite Aid, the decedent fled. They further claimed that at the end of the pursuit, the decedent pulled out what they believed to be a gun and pointed it at them. Bunch and Malabuyo testified that, in light of the fact that they were responding to a “man with a gun” call, they were justified in their belief that the decedent was about to shoot them even though it was later determined that the decedent was only pointing a cell phone at them. Defense counsel contended that the officers did not use excessive force because they reasonably believed that the decedent was armed with a gun in light of the 9-1-1 call about there being a man with a gun at the Rite Aid in question. Counsel contended that the decedent suddenly stopped, turned, and pointed the cell phone at them as if it was a gun, further proving that the officers were reasonable to believe the decedent was holding a gun. Defense counsel also contended that all the bullet trajectories, including the possible fatal shot, were through the side of Storey’s body, indicating that he was turning to spin on the officers as he was shot, which was consistent with the officers’ statements. In addition, defense counsel contended that the bullet impact to the truck was only 27 feet away from the later bullet impacts, indicating that the officers did not just open fire while the decedent was fleeing. Counsel further contended that Yankey’s testimony was inconsistent, noting that Yankey testified that she threw herself on the body while the officers were still shooting, but that she was not injured from the shots., Dontaze Storey, Jr. was shot four times. He ultimately died at the scene. The decedent is survived by his fiancée and his minor son. Yankey claimed that she and the decedent were engaged to be married at the time of the decedent’s death. She also claimed that her minor son suffered a loss of his father’s comfort, care, companionship, training and guidance. Thus, Yankey, acting on behalf of her son, sought recovery of wrongful death damages. Defense counsel contended that the Yankey’s minor child was not the decedent’s son.