On Dec. 27, 2010, plaintiff Sherwin Williams, 46, had a gun in a CVS pharmacy parking lot. When Pasadena Police Officers Kenneth Florendo and Alex Torres heard yelling, saw a gun flash, and heard a gunshot, they approached the pickup truck driven by Williams. The officers ultimately fired upon Williams’ vehicle, causing numerous gunshots to strike the vehicle. However, none of the shots hit Williams. Williams later admitted to firing an unregistered gun in the direction of a witness and the officers. However, he was acquitted in a criminal trial, which was based upon charges brought by the District Attorney. This gave rise to a civil lawsuit, in which Williams sued Officers Florendo and Torres; the officers’ supervisor, Chief of Police Phillip Sanchez; and the employer of the officers and police chief, the city of Pasadena. Williams alleged that the actions of Florendo and Torres constituted excessive force in violation of his civil rights. He also alleged that Sanchez was liable for the negligent training of the officers and that the city was vicariously liable for the actions of the officers and Sanchez. Williams claimed that he was initially confronted in a CVS parking lot by a Pasadena Denver Lane Blood gang member, who believed that Williams had given officials information on him. Williams claimed that as a result, he ran to his car, retrieved his pistol and fired one shot to try to scare off the gang member, causing the gang member to flee by hopping a wall bordering the lot. However, on the other side of the wall, three Pasadena police officers, including Florendo and Torres, were searching a car when they heard the shot. Williams claimed the gang member then told the officers that someone was trying to kill him. Williams alleged that after the gang member fled, he got in his black pickup and left the parking lot, attempting to drive east on Mountain Street. However, he claimed that when he drove within the sight of the officers, Florendo and Torres fired 22 shots at his truck. Florendo and Torres claimed that they were told by a witness that Williams had a gun in the parking lot and that when they approached Williams’ pickup truck, Florendo saw Williams raise and extend his hand in Florendo’s direction. Florendo alleged that he believed he was about to be shot and fired upon Williams. The officers claimed that after Florendo fired upon the pickup, Williams accelerated his vehicle toward them. They claimed that, fearing for their safety, they then both fired upon Williams’ vehicle. Defense counsel contended that the actions of Florendo and Torres were reasonable under the circumstances, which included the officers’ observations of Williams and the witness information that Williams was carrying a gun., Williams claimed that he suffered emotional distress as a result of the officers firing 22 shots at him. Thus, he sought recovery of emotional distress damages.