Ennabe v. Manosa

Defendant hosted a party at a residence owned by her parents without their consent. Alcohol was available for consumption at the party. Some of the guests, most of whom were under twenty-one, were charged an admission fee. The money collected in entrance fees was used to buy additional alcohol. During the party, an intoxicated guest who was charged a fee to enter, consumed alcohol beverages supplied by Defendant and subsequently, while intoxicated, killed someone in an automobile accident. Plaintiffs, the victim’s parents, filed a wrongful death action against Defendant and her parents. Defendants filed a motion for summary judgment, claiming Plaintiffs could not show Defendants were liable under Cal Bus. & Prof. Code 25602.1, which permits liability for persons who serve alcohol to obviously intoxicated minors, and that they were entitled to civil immunity under Cal Bus. & Prof. Code 25602(b) and Cal. Civ. Code 1714(c). The trial court granted summary judgment for Defendants. The Supreme Court reversed, holding that there was a triable issue of fact whether Defendant sold alcoholic beverages, or caused them to be sold, within the meaning of section 25602.1, rendering Defendant potentially liable as a person who sold alcohol to an obviously intoxicated minor. Remanded. View "Ennabe v. Manosa" on Justia Law