CACI No. 427. Furnishing Alcoholic Beverages to Minors (Civ. Code, § 1714(d))

Judicial Council of California Civil Jury Instructions (2023 edition)

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427.Furnishing Alcoholic Beverages to Minors (Civ. Code,
§ 1714(d))
[Name of plaintiff] claims [name of defendant] is responsible for [his/her/
nonbinary pronoun] harm because [name of defendant] furnished alcoholic
beverages to [him/her/nonbinary pronoun/[name of minor]], a minor, at
[name of defendant]’s home.
To establish this claim, [name of plaintiff] must prove all of the following:
1. That [name of defendant] was an adult;
2. That [name of defendant] knowingly furnished alcoholic beverages
to [him/her/nonbinary pronoun/[name of minor]] at [name of
defendant]’s home;
3. That [name of defendant] knew or should have known that [he/she/
nonbinary pronoun/[name of minor]] was less than 21 years old at
the time;
4. That [name of plaintiff] was harmed [by [name of minor]]; and
5. That [name of defendant]’s furnishing alcoholic beverages to
[[name of plaintiff]/[name of minor]] was a substantial factor in
causing [name of plaintiff]’s harm.
New December 2011; Revised May 2020
Directions for Use
This instruction is for use for a claim of social host (noncommercial) liability for
furnishing alcohol to a minor. (See Civ. Code, § 1714(d).) For an instruction for
commercial liability, see CACI No. 422, Sale of Alcoholic Beverages to Obviously
Intoxicated Minors.
Under the statute, the minor may sue for the minor’s own injuries, or a third person
may sue for injuries caused by the minor. (Civ. Code, § 1714(d)(2).) If the minor is
the plaintiff, use the appropriate pronoun throughout. If the plaintiff is a third
person, select “[name of minor]” throughout and include “by [name of minor]” in
element 4.
Sources and Authority
• No Social Host Liability for Furnishing Alcohol. Civil Code section 1714(c).
• Exception to Nonliability. Civil Code section 1714(d).
• “Although the claim against [host] appears to fall within the section 1714,
subdivision (d) exception, plaintiffs cannot bootstrap respondents into that
exception by alleging that respondents conspired with or aided and abetted [host]
by providing alcoholic beverages that were furnished to [minor]. Subdivision (b)
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of section 1714 unequivocally states that ‘the furnishing of alcoholic beverages
is not the proximate cause of injuries resulting from intoxication . . . .’ This
provision necessarily precludes liability against anyone who furnished alcohol to
someone who caused injuries due to intoxication. The exception set forth in
subdivision (d) vitiates subdivision (b) for a very narrow class of claims: claims
against an adult who knowingly furnishes alcohol at his or her residence to a
person he or she knows is under the age of 21. Because respondents are not
alleged to have furnished alcohol to [minor] at their residences, plaintiffs’ claims
against them are barred because, as a matter of statutory law, plaintiffs cannot
establish that respondents’ actions proximately caused plaintiffs’ injuries.”
(Rybicki v. Carlson (2013) 216 Cal.App.4th 758, 764 [157 Cal.Rptr.3d 660].)
• “We shall make no effort to state definitively the meaning of the word
‘furnishes’ . . . . As used in a similar context the word ‘furnish’ has been said to
mean: ‘ “To supply; to offer for use, to give, to hand.” ’ It has also been said the
word ‘furnish’ is synonymous with the words ‘supply’ or ‘provide.’ In relation to
a physical object or substance, the word ‘furnish’ connotes possession or control
over the thing furnished by the one who furnishes it. The word ‘furnish’ implies
some type of affirmative action on the part of the furnisher; failure to protest or
attempt to stop another from imbibing an alcoholic beverage does not constitute
‘furnishing.’ ” (Bennett v. Letterly (1977) 74 Cal.App.3d 901, 904-905 [141
Cal.Rptr. 682], internal citations omitted.)
• “As used in liquor laws, ‘furnish’ means to provide in any way, and includes
giving as well as selling. . . . [¶] California courts have interpreted the terms
‘furnish’ and ‘furnished’ as requiring an affirmative act by the purported
furnisher to supply the alcoholic beverage to the drinker.” (Fiorini v. City
Brewing Co., LLC (2014) 231 Cal.App.4th 306, 320-321 [179 Cal.Rptr.3d 827]
[beverage manufacturer does not “furnish” beverage to the consumer], footnote
and internal citation omitted.)
Secondary Sources
6 Witkin, Summary of California Law (11th ed. 2017) Torts, § 1215 et seq.
1 Levy et al., California Torts, Ch. 1, Duty and Breach, § 1.21 (Matthew Bender)
3 California Forms of Pleading and Practice, Ch. 19, Alcoholic Beverages: Civil
Liability, §§ 19.11, 19.13 (Matthew Bender)
1 California Points and Authorities, Ch. 15A, Alcoholic Beverages: Civil Liability
for Furnishing, § 15A.21 et seq. (Matthew Bender)
CACI No. 427 NEGLIGENCE
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