On June 9, 2018, plaintiff Oliver Barcenas was with friends in the North Beach neighborhood of San Francisco when two of his friends were approached by Officer Joshua Cabillo because one of the friends had an open beer bottle. Barcenas allegedly showed his empty hands and began to back away to show Cabillo that he had no containers and that he intended to go home. However, when Cabillo allegedly tried to keep the group there, Barcenas turned and ran. Cabillo followed Barcenas, who was in possession of a gun. Barcenas threw his weapon into the street, but he was ultimately shot in the back by Cabillo. Barcenas claimed to his stomach. Barcenas sued Cabillo and Cabillo’s employers, the city and county of San Francisco and the San Francisco Police Department. Barcenas alleged that Cabillo violated his civil and constitutional rights to be free from excessive force. Barcenas’ counsel contended that Cabillo had no basis to stop or detain Barcenas and that Cabillo offered no warnings that he would shoot Barcenas before he did., Barcenas sustained a gunshot wound to his stomach. He was taken to a hospital, where he underwent emergency surgery to remove the bullet. Barcenas remained hospitalized for one week and then spent 10 days in the San Francisco County Jail before being released on bail. Barcenas claimed that he could only have a liquid diet for months after the incident and that he still suffers from stomach and gastric issues. He also claimed that he was unable to work for three months. Barcenas sought recovery of past and future medical costs, and damages for his past and future pain and suffering. His wife, Sofia Barcenas, initially sought recovery for her loss of consortium, but she later removed her claim.