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. Count III - General Negligence (Alternative Theory)
9. Damages
10. Jury Demand
11. Prayer for Relief
12. Verification
13. State-Specific Notes
14. 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 Immunity: Cal. Bus. & Prof. Code § 25602 and Cal. Civ. Code § 1714(b) provide broad immunity to alcohol sellers and social hosts for injuries caused by intoxicated persons.

Narrow Exceptions:
- Service to Obviously Intoxicated Minors: Cal. Bus. & Prof. Code § 25602.1 creates liability when a licensed establishment serves an obviously intoxicated minor (under 21) and the furnishing is a proximate cause of injury or death.
- Social Host Liability for Minors: Cal. Civ. Code § 1714(d) imposes liability on adults (21+) who knowingly furnish alcohol at their residence to a person under 21 when the furnishing is a proximate cause of 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 [________________________________]

[________________________________],
Plaintiff,

v.

[________________________________] (d/b/a [________________________________]),
Defendant(s).

Case No.: [________________________________]

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 pursuant to Cal. Code Civ. Proc. § 395 because the acts giving rise to this claim 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 the general immunity provision of § 25602, a cause of action exists against a licensee who sells, furnishes, gives, or causes to be sold, furnished, or given away any alcoholic beverage to an obviously intoxicated minor where the furnishing of the beverage is the proximate cause of resulting injuries 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 re-alleges and incorporates paragraphs 1 through 12.

19. Defendant [________________________________] was, at all relevant times, twenty-one (21) years of age or older.

20. Defendant knowingly furnished alcoholic beverages at Defendant's residence to the Minor, who was under twenty-one (21) years of age.

21. Pursuant to Cal. Civ. Code § 1714(d), any person over 21 who knowingly furnishes alcoholic beverages at their residence to a person under 21 is liable for injuries caused by the underage person's intoxication.

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

COUNT III - GENERAL NEGLIGENCE (Alternative Theory)

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

24. The Defendant owed a duty of care to Plaintiff to refrain from selling or furnishing alcoholic beverages in a manner that would foreseeably cause harm.

25. The Defendant breached this duty by the acts described herein.

26. The Defendant's breach was a proximate cause of Plaintiff's injuries and damages.

DAMAGES

27. 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

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

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

STATE OF CALIFORNIA
COUNTY OF [________________________________]

I, [________________________________], being duly sworn, state that I have read the foregoing Complaint and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

_____________________________________________
[________________________________], Plaintiff

Sworn to and subscribed before me this [____] day of [________________________________], [____].

_____________________________________________
Notary Public
My Commission Expires: [__/__/____]

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)).
• Only Exception -- Obviously Intoxicated Minor: Cal. Bus. & Prof. Code § 25602.1 allows suit against a licensee who serves an obviously intoxicated minor.
• Social Host Exception -- Minors Only: Cal. Civ. Code § 1714(d) imposes liability on adults (21+) who knowingly furnish alcohol at their residence to a person under 21.
• No Liability for Serving Adults: There is no civil cause of action for serving alcohol to adults, even if visibly intoxicated.
• Legislative History: California's framework was a direct legislative response to Cory v. Shierloh (1981) 29 Cal.3d 430, which had expanded liability. The legislature reinstated the rule that consumption, not furnishing, is the proximate cause.
• 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)
• Cory v. Shierloh (1981) 29 Cal.3d 430
• Li v. Yellow Cab Co. (1975) 13 Cal.3d 804