On Jan. 1, 2008, plaintiff Mauricio Vivas and plaintiffs’ decedent Jesus Vivas, a roofer, attended a New Year’s Eve party at the residence of Luis Gutierrez, located at 564 Jones Avenue in Oakland. Subsequently, another guest, Raoul Cabezas, repeatedly stabbed Jesus Vivas with a knife, causing his death. After the assault, Cabezas turned the knife on Mauricio Vivas, who was able to fend off the attack. However, he sustained to his left hand. Mauricio Vivas; the decedent’s wife, Teresa Vivas; and Maria Gonzales, who was acting as the guardian ad litem of Teresa and Jesus Vivas’ children, Jesus Vivas Jr. and Vanessa Vivas, sued Gutierrez for premises liability and Cabezas for the assault. They also alleged that the defendants’ negligence caused the wrongful death of Jesus Vivas. Plaintiffs’ counsel contended that Gutierrez failed to act reasonably in light of the probability that Cabezas, his brother, would assault his social guests. Counsel also contended that Cabezas’ intentional harmful contact of Mauricio Vivas and Jesus Vivas constituted assault and battery, resulting in Mauricio Vivas’ and Jesus Vivas’ death. Cabezas was ultimately dismissed from the case. Gutierrez failed to answer or respond to the complaint., Jesus Vivas was repeatedly stabbed with a knife and died. He was survived by his wife and two children. The decedent’s family claimed that Jesus Vivas was the family’s sole income provider and that at the time of the incident, he was employed as a roofer and making $4,000 per month. They sought recovery of wrongful death damages, including $9 million ($3 million each) for their loss of society and companionship, and an unspecified amount for funeral expenses. Mauricio Vivas was stabbed in his left hand while attempting to fend of the attack. He was subsequently transported to Highland Hospital in Oakland, where he received stitches for his hand lacerations. Mauricio Vivas claimed that he missed 2.5 weeks of work as a result of his . Thus, he sought recovery of damages for his past and future medical expenses, and past and future loss of earnings. He also sought recovery of $1 million for his pain and suffering.