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

California Civil Jury Instructions CACI

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.

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) 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)