On Sept. 18, 2011, plaintiffs’ decedent Antonio Mejia, 48, a day laborer, was digging a footing for a retaining wall inside a shored trench at the Malibu residence of Samuel Bruttomesso. The trench collapsed, killing Mejia instantly. The decedent’s father (Antonio Quintanilla) and the decedent’s adult children (Zulma Saravia Mejia, Maria Mejia Saravia, Noe Mejia Saravia and Sonia Mejia Saravia) sued the property owner, Samuel Bruttomesso, and the project manager that hired the decedent, Abraham Zafrani. The decedent’s family alleged that the defendants were negligent in their failure to maintain a safe workplace, causing the decedent’s wrongful death. Bruttomesso subsequently filed a cross-complaint against Zafrani; American Builder Construction Co.; and the owner of American Builder, Sharone Geeter. Bruttomesso alleged that he hired American Builder, which was a licensed/insured general contractor, and that Zafrani hired the decedent on behalf of American Builder. He claimed there was a falling out between American Builder and Zafrani over money owed on the project and, one month before the accident, American Builder’s lawyer sent a letter to him, dated Aug. 18, 2012, advising that Zafrani was no longer an agent, officer and/or employee of American Builder. However, Bruttomesso claimed that Zafrani told him the owner of American Builder was just saying that because he wanted more money from him. He also claimed that he believed Zafrani, who showed him the Contractor’s State License Board Web site, which still listed Zafrani under American Builder’s license, and showed him a power of attorney signed by the owner of American Builder, allowing Zafrani to pull permits under American Builder’s license. Bruttomesso claimed that based upon this information, he allowed Zafrani to continue working on his property. Geeter claimed American Builder never received all of the money Bruttomesso allegedly paid the company through Zafrani, so he terminated Zafrani and notified Bruttomesso about it. Thus, Geeter and American Builder moved for summary judgment. Zafrani ultimately defaulted on both the complaint and cross-complaint. In addition, Judge Henry Walsh found that the letter dated Aug. 18, 2012, which was received by Bruttomesso from American Builder’s lawyer, exonerated American Builder and Geeter of all liability. Thus, he dismissed American Builder and Geeter on a motion for summary judgment, based on a finding that the company was fired and replaced by Zafrani, and subsequently dismissed Bruttomesso’s cross-complaint. Plaintiffs’ counsel contended that Bruttomesso was negligent because he was the property owner and had hired Zafrani, who was unlicensed at the time of the accident. Since it was determined that Zafrani was unlicensed and uninsured at the time of the accident, Bruttomesso stipulated to liability at trial. Thus, the only issue for the jury to determine was damages., Antonio Mejia was crushed by the collapsed trench and died instantly. He is survived by his father, Antonio Quintanilla; his adult daughters, Zulma Saravia Mejia, Maria Mejia Saravia and Sonia Mejia Saravia; and his adult son, Noe Mejia Saravia. Thus, the decedent’s family sought recovery of burial expenses, loss of financial support and wrongful death damages. Bruttomesso’s counsel did not dispute the cause of the decedent’s death or that the decedent died while working on a construction project at Bruttomesso’s house. However, counsel argued that the plaintiffs’ alleged damages were excessive in light of the nature of the relationships between the decedent and his family. Specifically, Bruttomesso’s counsel contended that the decedent’s family did not pay any burial expenses, exaggerated the past financial support and exaggerated their relationships with the decedent. Counsel further contended that the decedent had moved to the United States 23 years before the accident, leaving his family behind in El Salvador. Thus, Bruttomesso’s counsel focused on the number of times the decedent had seen his family in the last 23 years.