California Civil Jury Instructions (CACI) (2017)

427. Furnishing Alcoholic Beverages to Minors (Civ. Code, § 1714(d))

Download PDF
427.Furnishing Alcoholic Beverages to Minors (Civ. Code,
§ 1714(d))
[Name of plaintiff] claims [name of defendant] is responsible for [his/her]
harm because [name of defendant] furnished alcoholic beverages to [him/
her/[name of minor]], a minor, at [name of defendant]’s home.
To establish this claim, [name of plaintiff] must prove all of the
1. That [name of defendant] was an adult;
2. That [name of defendant] knowingly furnished alcoholic beverages
to [him/her/[name of minor]] at [name of defendant]’s home;
3. That [name of defendant] knew or should have known that [he/
she/[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
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 his or her 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) 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 (10th ed. 2005) Torts, § 1070
1Levy 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)