Kaplan

FACTS AND PROCEDURAL BACKGROUND

I. Facts

A. The parties Justin Gimelstob (Gimelstob) was a professional tennis player until he retired in 2007. Since then, he has coached other players as well as, in his own words, worked as a “broadcaster, producer, talent representative, and brand ambassador.” Randall Kaplan (Kaplan) is a “venture capitalist.” Gimelstob and Kaplan were friends for a while, but their relationship soured when Kaplan got upset because Gimelstob did not show up to his birthday party. B. The Halloween 2018 incident2 On Halloween night in 2018, both Gimelstob and Kaplan were out trick or treating in Brentwood, which is an upscale neighborhood on the west side of Los Angeles, California. Kaplan was with his wife and their two-year-old daughter; Gimelstob, with his girlfriend and his five-year-old son. Gimelstob was dressed up as “Maverick” from Top Gun. As Kaplan’s wife and child were watching, Gimelstob “ambushed” Kaplan from behind and—“unprovoked and entirely without warning”—knocked Kaplan to the ground. Gimelstob mounted Kaplan’s prone body, and proceeded to punch him 50 to 100 times. The attack lasted three minutes and ended only when a passerby…