At around 9:30 p.m. on June 3, 2016, plaintiff’s decedent Aniket, 6, was walking with his family in the parking lot of the Oakridge Mall, in San Jose, en route to a restaurant, when he was struck by a vehicle operated by Meena Sanghera. Aniket died at the scene, and his parents and 12-year-old sister all witnessed the fatal accident. Aniket’s parents, Rajesh Gadre and Shilpa Gadre, and his sister, Awani, sued Sanghera and Sanghera’s businesses, Curry Roots Inc. and B2B Trade Use Co. Inc. Aniket’s family alleged that Sanghera was negligent in the operation of her vehicle and that Curry Roots and B2B Trade Use were liable for Sanghera’s actions while in the course and scope of her employment. Plaintiffs’ counsel contended that Sanghera was inattentive, causing her to not see the Aniket and his family walking in the mall parking lot. Counsel also contended that Sanghera was driving during the course and scope of her employment, as she owned a restaurant at the Oakridge Mall, Curry Roots. Although the restaurant was closed at the time of the incident, plaintiffs’ counsel still maintained that the owner, Sanghera, was carrying out activities for the benefit of the restaurant at the time of the incident. The defendants ultimately agreed that Sanghera was driving in the course and scope of her employment. However, insurance coverage issues existed as to the applicability of the automobile, umbrella, and commercial insurance policies., Aniket sustained multiple traumatic and died at the scene of the collision. He was 6 years old at the time of the fatal accident. Aniket’s father, Rajesh Gadre, then 45; mother, plaintiff Shilpa Gadre, then 40; and sister, plaintiff Awani, then 12, were immediately present at the time of the incident, and witnessed the fatal event. As a result, they all claimed severe emotional distress, which would require ongoing counseling. Thus, Aniket’s family sought recovery of non-economic damages for the wrongful death of Aniket and for their individual bystander liability claims.