4. Michael Delgado and his wife, Linette, arrived at Trax Bar & Grill (a California establishment) between 10:00 and 10:30 p.m. on a Saturday night. During the approximately 90 minutes the Delgados were at Trax, bar patron Jacob Joseph and his three or four com- panions stared at Delgado on numerous occasions and Delgado stared back at the group. By roughly mid- night, Delgado had become uncomfortable as a result of the continued staring, so he and Linette considered leaving the bar. According to the trial testimony of a Trax security guard/bouncer, Jason Nichols, Linette approached him and expressed concern that there was going to be a fight. Nichols himself then observed what appeared to be hostile stares between Delgado and Joseph and his companions. Concluding that a fight was imminent, Nichols determined that he would ask the Delgados to leave the bar because it would be easier to get them to depart than to get Jacobs group to do so. Nichols made that request and the Delgados exited the bar. Nichols did not escort the Delgados to their car, which was parked in Traxs lot approxi- mately 40 feet from the door to the bar. A second Trax bouncer, who earlier had been posted outside the bar, no longer was present outside. As the Delgados walked through the parking lot toward their car, a group of 12 to 20 men stood in the parking lot. This circumstance was contrary to the bars policy of dispersing such gatherings. Joseph and his companions followed the Delgados into the parking lot and then accosted the plaintiff, beating him severely. Some of the other persons who had congregated in the parking lot soon joined in on
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