Facts

On Nov. 11, 2001, at 10:30 p.m., the plaintiff arrived at the defendant Chuy's restaurant in Glendale. Soon afterwards, the plaintiff got into an argument with defendant Hernandez, and a shoving match ensued. Chuy's bouncer immediately intervened and broke up the fight. Chuy's general manager told Hernandez that he had to leave the restaurant and told the plaintiff to wait inside the restaurant and then leave by another door. The plaintiff left the restaurant and stopped, with two of his friends, on the sidewalk about 150 feet from the restaurant. Hernandez, meanwhile, got into his car and drove to where the plaintiff was standing. Hernandez stopped his car and words were exchanged between them. Then, Hernandez shot the plaintiff six times with a pistol and drove off. The plaintiff ran towards the restaurant and then collapsed on the sidewalk in front of the restaurant. Within five minutes, the police arrived, followed shortly thereafter by an ambulance which took the plaintiff to the hospital. The plaintiff survived the shooting. Hernandez was later convicted of attempted murder but jumped bail and is believed to have fled the country.