On Oct. 7, 2010, plaintiffs’ decedent James Davis III, 18, a known PJ Watts Crip gang member, was approached by Los Angeles Police Department patrol vehicle outside of the Imperial Courts housing development in Watts. As a result, Davis rapidly moved away from the other gang members he was standing with, and stood behind and started embracing a woman who was not his girlfriend. As a result, Officer Manuel Castenada and his partner exited their patrol vehicle and exchanged words with Davis before Davis suddenly pushed the woman he was holding into Castenada and ran away. During the subsequent foot pursuit Davis grabbed a gun from his person, causing Castenada to fatally shoot Davis once in the back. The entire pursuit lasted approximately five seconds. The decedent’s parents, Mashia McCraw-Lewis and James Davis Jr., sued Castenada and the officer’s employer, the city of Los Angeles. The parents alleged that Castenada’s actions constituted excessive force and battery, causing their son’s wrongful death, and that the city was liable for Castenada’s actions. It was ultimately determined that Davis Jr. had no fatherly relationship with the decedent, and he was nonsuited from the action. McCraw-Lewis’ counsel contended that when the decedent pulled the gun from his waistband, he did so with the intention of tossing it and that after tossing the gun, he was shot by Castenada. Counsel called an eyewitness, who testified that the decedent never pointed his gun at Castenada or his partner, and that the decedent tossed his gun away before being shot by Castenada. Thus, McCraw-Lewis’ counsel argued that Castenada’s use of deadly force was excessive. Castenada claimed that during the five second pursuit, the decedent, while running, pulled a gun from his front waistband area and pointed it at his partner. He contended that this left him with no choice but to save the life of his partner by shooting at the decedent’s back. Defense counsel contended that due to the position of the officer and the decedent, the center mass available to Castenada was the decedent’s back., James Davis III was shot once in the back and died. He was 18. Thus, the decedent’s mother sought recovery of non-economic wrongful death damages for the loss of her son, as well as recovery of approximately $10,000 in funeral and burial costs.