On Aug. 26, 2006, plaintiff Carlos Castro, 54, an artist/painter, was at the property of his sister, Elizabeth Lipuma, located at 4619 Griffith Avenue in Fremont, in celebration of Lipuma’s wedding engagement during which alcohol was served. A disruption ultimately occurred during the party, which involved Justin Jacquez and Nicholas Hattori, both minors who were served alcohol, as well as other partygoers. Jacquez and Hattori were eventually ejected from the party, but returned 10 to 15 minutes later, at around 11:30 p.m., with Kufreobon Essien. A volatile confrontation subsequently occurred while Castro was attempting to persuade his sister to get back inside the house. At that time, Essien allegedly hurled a stone that struck Castro’s face, causing an injury to his right eye. Castro sued Lipuma, Essien, Jacquez and Hattori for premises liability, negligence, battery, and intentional and negligent infliction of emotional distress. Lipuma was granted summary judgment and Jacquez settled with Castro prior to trial. Hattori and Essien failed to answer the complaint and were not represented by counsel. Castro claimed that Essien was responsible for the he sustained as the result of being struck by the rock. Thus, he contended that Essien’s conduct was considered reckless, intentional and/or negligent, and that Jacquez and Hattori were liable for Essien’s actions., Castro was struck in the in the face with a stone and was subsequently taken to a hospital. He sustained a comminuted displaced fracture of the right orbit that was compound internally, causing fragments to pierce the eye. As a result, he suffered internal bleeding into the eye itself and completely lost his vision in his right eye.