Procedural History   Bhandari’s parents, plaintiffs and appellants Rajendra Bhandari and Deu Bhandari (plaintiffs), acting on behalf of Bhandari’s estate, sued defendants for negligence in October 2012. In a first amended complaint, plaintiffs allege D&D knew Bhandari was the principal witness in the criminal case against Frazier and that Bhandari was to testify against Frazier on the day he was killed. Bhandari also told Davinder he did not feel well and asked to go home, at which point Davinder “relieved Bhandari from his shift. ” Davinder said neither Bhandari nor anyone else ever told him Bhandari felt threatened or fearful for his safety. Davinder said he did not know what case Bhandari was talking about, nor did he know Bhandari had been in court to testify. He said Bhandari did not ask to go home; Bhandari left because he had finished the project he came in to complete.

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