should err on the side of permitting liability, for the possibility of liability may provide a strong deterrent against the provision of alcohol to minors, especially those who are already obviously intoxicated, Justice Kathryn Mickle Werdegar wrote for the court.
liable for his death through her parents and their homeowners insurance.
The driver of the car, Thomas Garcia, pleaded guilty to voluntary manslaughter and received a 14 year sentence. He said he had been drinking heavily before Nike Air Max 90 Blue And Yellow
Her attorneys argued that the ruling would make all sorts of hosts vulnerable if they asked for any compensation or even demanded a dish at a potluck, they insisted.
The ruling, which overturned two lower court decisions, was most likely to affect student parties, where underage drinking and cover charges are common.
A cover charge amounts to a sale of alcohol, and state law creates liability for those who sell alcohol to obviously intoxicated minors, the state Supreme Court said in the unanimous decision Monday.
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The case stemmed from a 2007 party organized by then 20 year old Jessica Manosa at a Diamond Bar rental home owned by her parents but without their permission. Andrew Ennabe, a 19 year old student at California State University, Fullerton, died after being hit by a car driven by a man who had been asked to leave the gathering.
he arrived at the party and had no memory of hitting Ennabe.
In the 1970s, the California Supreme Court made social hosts who serve alcohol to intoxicated guests legally liable for their harmful behavior. The legislature responded by creating immunity for hosts but later carved out an exception for individuals who sell alcohol, whether they are licensed or not.
Cover charge equals liability in underage
Strangers who showed up at Manosa party were charged $3 to $5 at the door to cover the cost Nike Air Max 90 Black And Red And White
Since Ennabe death, the Legislature has further expanded liability, making parents, guardians and adult responsible if they knowingly serve alcohol at their homes to minors. That law affects only adult hosts, whereas Monday ruling for Ennabe parents could now pave the way for lawsuits against minors as long as cover charges were involved.
A trial court and an appeals court had previously decided Manosa was not legally responsible because she did not intend to profit from the entrance fee and it was used merely to defray the outlay for alcohol.
Hosts who charge admission to parties may be held legally responsible if a drunken underage guest is hurt or injures someone else, California high court has ruled.
assertion is exaggerated, Werdegar wrote. does not normally charge Nike Air Max 90 Ultra Br Platinum guests an entrance fee to attend bar mitzvahs, weddings or gallery openings. Innabi, who represents Ennabe parents, called the ruling sense. attorney declined to comment.
Ennabe family sought to hold Manosa Nike Air Max 90 Ultra Se Olive
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