On Sept. 17, 2017, plaintiff Nicholas Garcia, a retired firefighter in his 70s, was inside the study of his residence, in West Hills, which had an adjacent backyard to his neighbor, Lisa Kritzell. At the same time, Kritzell’s partner, Eliachar Mamann, was in the backyard of Kritzell’s residence, shooting at squirrels with a .22 caliber rifle in an attempt to protect Kritzell’s fruits and vegetables, which she was growing in her yard. One of the bullets ultimately missed a squirrel, went into Garcia’s window and struck Garcia in his head. Garcia sued Kritzell and Mamann. Garcia alleged that the defendants’ actions constituted negligence and a civil conspiracy. Plaintiff’s counsel argued that Mamann was negligent for shooting the rifle in close proximity to Garcia’s home and that Kritzell was negligent because she knew what Mamann was doing and failed to stop him. Counsel contended that there was a civil conspiracy between Mamann and Kritzell because the rifle was Kritzell’s, the shooting was from Kritzell’s backyard, Kritzell and Mamann went to buy the rifle together, Kritzell and Mamann planned the squirrel shooting, and Kritzell and Mamann had an agreement that Mamann would shoot at the squirrels. Thus, plaintiff’s counsel argued that the conspiracy made Kritzell and Mamann jointly and severally liable for any harm caused to Garcia. Mamann, who appeared at trial in pro per, claimed that Kritzell wanted the rifle for shooting at the squirrels. However, Kritzell claimed that she only bought the rifle for self-defense., Garcia sustained a gunshot injury to his head. He was immediately taken to a hospital, where he was treated and ultimately released. Garcia did not make any claim for a traumatic brain injury. Garcia only sought recovery for his past and future pain and suffering.