Ennabe v. Manosa 12/1/10 CA2/1

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: B222784

Case Date: 03/24/2011

Preview:Filed 12/1/10

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE

FAIEZ ENNABE, Individually and as Administrator, etc., et al., Plaintiffs and Appellants, v. CARLOS MANOSA et al., Defendants and Respondents.

B222784 (Los Angeles County Super. Ct. No. KC053945)

APPEAL from a judgment of the Superior Court of Los Angeles County. Robert A. Dukes, Judge. Affirmed. Innabi Law Group, Abdalla J. Innabi and Amer Innabi for Plaintiffs and Appellants. Morris, Polich & Purdy, Richard H. Nakamura, Jr., Dean A. Olson and Sheena Y. Kwon for Defendants and Respondents. _______

Civil Code section 1714, subdivision (c)1 provides broad immunity from civil liability for a social host who "furnishes alcoholic beverages to any person." Under Business and Professions Code section 25602.1, the social host loses that immunity if he or she "sells, or causes to be sold, any alcoholic beverage, to any obviously intoxicated minor."2 In this case of first impression, we hold that a social host charging guests an Civil Code section 1714 provides in pertinent part: "(b) It is the intent of the Legislature to abrogate the holdings in cases such as Vesely v. Sager (1971) 5 Cal.3d 153, Bernhard v. Harrahs Club (1976) 16 Cal.3d 313, and Coulter v. Superior Court (1978) 21 Cal.3d 144 and to reinstate the prior judicial interpretation of this section as it relates to proximate cause for injuries incurred as a result of furnishing alcoholic beverages to an intoxicated person, namely that the furnishing of alcoholic beverages is not the proximate cause of injuries resulting from intoxication, but rather the consumption of alcoholic beverages is the proximate cause of injuries inflicted upon another by an intoxicated person. [

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