On Jan. 7, 2012, plaintiffs’ decedent Bernie Villegas, 36, a restaurant worker, was holding a BB gun at an apartment complex in Anaheim when he was confronted by police officers from the Anaheim Police Department. The officers were investigating a report of an armed man at the complex. Ultimately, officer Nicholas Bennallack fired his gun five times, striking Villegas, who died at the scene. The decedent’s wife, Jocelyn Villegas; the decedent’s father, Miguel Villegas, acting as the guardian ad litem to the decedent’s three minor children, Daniel Villegas, Kristine Villegas and Ricezen Villegas; and the decedent’s estate sued Bennallack; the other officers at the scene, Brett Heitmann, Kevin Voorhis and Matthew Ellis; the officers’ supervisor, Police Chief John Welter; and the officers’ employers, the city of Anaheim and the Anaheim Police Department. The decedent’s family alleged that the defendants’ actions constituted excessive force in violation of the decedent’s civil rights. Defense counsel moved for summary judgment, and it was granted. The Villegas family appealed the judgment, and the Court of Appeals reversed the trial court’s decision on the claim of negligence but denied the civil rights claim based on qualified immunity. The matter was then sent back for a new trial in state court. Welter was ultimately dismissed from the case before the start of the jury trial. Plaintiffs’ counsel contended that the decedent was only holding a BB gun and that the barrel was pointing toward the sky when the officers arrived. Counsel also contended that the officers failed to maintain their cover for their safety and to assess the decedent’s actions. Counsel argued that if the officers maintained cover, instead of exposing themselves, they would have seen that the decedent was not threatening the officers and that the decedent was raising his hands in response to the officers’ commands. Defense counsel contended that the officers identified themselves as police and ordered the decedent, at gunpoint, to put up his hands and drop the gun. Counsel contended that the decedent began to raise the gun, so Bennallack fired his weapon., Bernie Villegas sustained gunshot wounds and died at the scene on Jan. 7, 2012. He was 36 years old. He was survived by his wife, Jocelyn Villegas; his father, Miguel Villegas; and three children, Kristine Villegas and Ricezen Villegas, who were both minors at the time of the incident, but were adults by the time of trial, and Daniel Villegas, who was still at minor by the time of trial. The decedent’s family sought recovery of wrongful death damages for the loss of Bernie Villegas.