Dram Shop Liability Complaint - California

TABLE OF CONTENTS

1. Important Notice - California Law
2. Caption
3. Parties
4. Jurisdiction and Venue
5. Factual Allegations
6. Count I - Serving an Obviously Intoxicated Minor (Bus. & Prof. Code § 25602.1)
7. Count II - Social Host Liability for Furnishing to Minor (Civ. Code § 1714(d))
8. Damages
9. Jury Demand
10. Prayer for Relief
11. Verification
12. State-Specific Notes
13. Sources and References

IMPORTANT NOTICE - CALIFORNIA LAW

California does NOT have a traditional dram shop statute. California law expressly provides that the furnishing of alcoholic beverages is not the proximate cause of injuries resulting from intoxication. Instead, the consumption of alcohol is deemed the proximate cause.

Statutory Limits: Cal. Bus. & Prof. Code § 25602(b) limits civil claims against alcohol providers, and Cal. Civ. Code § 1714(c) limits claims against social hosts. Section 1714(b) addresses proximate cause.

Narrow Exceptions:

• Service to Obviously Intoxicated Minors: Cal. Bus. & Prof. Code § 25602.1 permits a claim against a person licensed or required to be licensed under § 23300, a federally authorized alcohol seller on a military base or other federal enclave, or another person who sells or causes alcohol to be sold to an obviously intoxicated minor, when that furnishing or sale proximately causes injury or death.
• Social Host Claim Involving a Minor: Cal. Civ. Code § 1714(d) permits a claim against a parent, guardian, or other adult who knowingly furnishes alcohol at that person's residence to someone the host knew or should have known was under 21. The furnishing may be found a proximate cause of resulting injury or death.

If the intoxicated person was over 21 and was served at a commercial establishment, there is generally NO civil cause of action against the establishment under California law.

CAPTION

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF [________________________________]

Case No.: [________________________________]

☐ Limited Civil Case — Amount demanded [exceeds $10,000 / does not exceed $10,000]
☐ Unlimited Civil Case

PARTIES

1. Plaintiff [________________________________] is a resident of [________________________________] County, California, and is the person injured as a result of the acts described herein.

2. Defendant [________________________________] (hereinafter "Licensee Defendant") is a person or entity holding a license to sell alcoholic beverages in California, doing business as [________________________________], located at [________________________________], California.

3. [________________________________] (hereinafter "Minor") was, at all relevant times, under the age of twenty-one (21) years and was served alcoholic beverages by the Defendant.

JURISDICTION AND VENUE

4. This Court has jurisdiction over this action pursuant to the California Constitution, Article VI, § 10.

5. Venue is proper in this County under Cal. Code Civ. Proc. § 395(a) because Plaintiff's injury occurred in [________________________________] County, California.

FACTUAL ALLEGATIONS

6. On or about [__/__/____], the Minor, who was [____] years old, entered the Licensee Defendant's premises at [________________________________].

7. The Licensee Defendant, through its agents, employees, or servants, sold, served, or furnished alcoholic beverages to the Minor.

8. At the time of service, the Minor was obviously intoxicated, as evidenced by:

☐ Slurred speech
☐ Unsteady gait or impaired balance
☐ Glassy or bloodshot eyes
☐ Aggressive or erratic behavior
☐ Other visible signs of intoxication: [________________________________]

9. The Licensee Defendant knew or should have known the Minor was under the age of twenty-one (21).

10. Despite the Minor's obvious intoxication and underage status, the Licensee Defendant continued to serve alcoholic beverages.

11. Following the service, the Minor [________________________________] [describe injurious conduct].

12. As a direct and proximate result, Plaintiff suffered injuries including but not limited to [________________________________].

COUNT I - SERVING AN OBVIOUSLY INTOXICATED MINOR (Bus. & Prof. Code § 25602.1)

13. Plaintiff re-alleges and incorporates paragraphs 1 through 12.

14. Pursuant to Cal. Bus. & Prof. Code § 25602.1, notwithstanding § 25602(b), a cause of action may be brought against a person in one of the statute's seller categories who furnishes or sells an alcoholic beverage to an obviously intoxicated minor where that furnishing or sale proximately causes injury or death.

15. The Licensee Defendant sold, furnished, or gave alcoholic beverages to the Minor when the Minor was obviously intoxicated.

16. The Licensee Defendant's furnishing of alcohol to the obviously intoxicated Minor was a proximate cause of Plaintiff's injuries.

17. As a result, the Licensee Defendant is liable to Plaintiff for all damages suffered.

COUNT II - SOCIAL HOST LIABILITY FOR FURNISHING TO MINOR (Civ. Code § 1714(d))

18. Plaintiff incorporates paragraphs 1, 3 through 5, and 11 through 12 to the extent applicable. The following host claim is pleaded in the alternative.

19. Defendant [________________________________] was, at all relevant times, an adult [parent / guardian / other adult] and resided at [________________________________].

20. Defendant knowingly furnished alcoholic beverages at that residence to the Minor, whom Defendant knew or should have known was under twenty-one (21) years of age. Facts supporting that knowledge are [________________________________].

21. Cal. Civ. Code § 1714(d) permits this claim, and the furnishing may be found a proximate cause of resulting injury or death.

22. The Defendant's furnishing of alcohol was a proximate cause of Plaintiff's injuries.

DAMAGES

23. As a direct and proximate result of the Defendant's conduct, Plaintiff has suffered:

☐ Past and future medical expenses
☐ Past and future lost wages and earning capacity
☐ Pain and suffering
☐ Mental anguish and emotional distress
☐ Loss of enjoyment of life
☐ Property damage
☐ Other: [________________________________]

JURY DEMAND

24. Plaintiff hereby demands a trial by jury on all issues so triable.

For a jury trial, pay the $150 advance jury fee before the first case management conference, unless a waiver or exception applies. A complaint demand alone does not complete this step (Cal. Civ. Proc. Code § 631; California Courts Self-Help, “Prepare your case”).

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court:

a. Enter judgment against Defendant(s) and in favor of Plaintiff;
b. Award compensatory damages in an amount to be proven at trial;
c. Award pre-judgment and post-judgment interest;
d. Award costs of suit;
e. Grant such other and further relief as this Court deems just and proper.

VERIFICATION

I, [________________________________], have read this Complaint. Its allegations are true from my personal knowledge, except paragraphs [________________________________], which are stated on information and belief and which I believe to be true.

I declare under penalty of perjury under the laws of the State of California that the foregoing verification is true and correct.

Executed on [__/__/____].

_____________________________________________
[________________________________], Plaintiff

Respectfully submitted,

_____________________________________________
[________________________________]
Attorney for Plaintiff
[________________________________]
[________________________________]
State Bar of California No.: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

STATE-SPECIFIC NOTES

• NO TRADITIONAL DRAM SHOP LAW: California law expressly immunizes alcohol providers from liability for injuries caused by intoxicated persons (Cal. Bus. & Prof. Code § 25602; Cal. Civ. Code § 1714(b)-(c)).
• Obviously Intoxicated Minor: Cal. Bus. & Prof. Code § 25602.1 allows suit within its defined seller categories, including a licensee, a person required to be licensed, a federally authorized seller on a military base or enclave, and another person who sells or causes a sale.
• Social Host Exception -- Minors Only: Cal. Civ. Code § 1714(d) permits a claim against a parent, guardian, or other adult who knowingly furnishes alcohol at the host's residence to someone the host knew or should have known was under 21; the furnishing may be found a proximate cause of injury or death.
• Filing Package: File Judicial Council Civil Case Cover Sheet CM-010 with this complaint under rule 3.220 and prepare a separate Summons (SUM-100). Check for a local cover sheet. A limited civil case must say "Limited Civil Case" in the caption and specify the amount category required by rule 2.111(9)-(10).
• Alcohol Furnished to Adults: These statutes ordinarily bar a furnishing-based claim for injuries resulting from an adult's intoxication.
• Legislative History: Civil Code § 1714(b) names Vesely v. Sager, Bernhard v. Harrah’s Club, and Coulter v. Superior Court as the holdings the Legislature intended to abrogate. It states that consumption, rather than furnishing, is ordinarily the proximate cause of injuries inflicted by an intoxicated person.
• Comparative Fault: California follows pure comparative negligence (Li v. Yellow Cab Co., 13 Cal.3d 804).
• Statute of Limitations: Two years for personal injury (Cal. Code Civ. Proc. § 335.1).

SOURCES AND REFERENCES

• Cal. Bus. & Prof. Code § 25602 (Immunity for Alcohol Providers)
• Cal. Bus. & Prof. Code § 25602.1 (Exception for Obviously Intoxicated Minors)
• Cal. Civ. Code § 1714(b)-(d) (Consumption as Proximate Cause; Social Host)
• Li v. Yellow Cab Co. (1975) 13 Cal.3d 804