Rybicki

Rybicki v. Carlson

Good Law
157 Cal. Rptr. 3d 660·2013 Cal. App. LEXIS 405·216 Cal. App. 4th 758·2013 WL 2251714
Court of Appeal of CaliforniaMay 22, 2013B240211California1,775 words

Opinion

Opinion

Willhite, J.

In April 2011, five young women, all under the age of 21, got into a car after partying all night (and drinking alcohol) at a friend’s house. Driving on the wrong side of the road, the driver collided with a bicyclist, who was seriously injured. The bicyclist and his wife sued, among others, all of the occupants of the car. The trial court entered judgments in favor of the four passengers. The question presented in this appeal is whether the four women who were not driving, but who are alleged to have supplied some of the alcohol that was consumed at the friend’s house, can be held liable for the bicyclist’s injuries. We conclude that the Legislature, by enacting Civil Code section 1714 (hereafter section 1714), has precluded any liability claim against the women. Accordingly, we affirm the judgments.

BACKGROUND

This appeal comes to us from a judgment entered after a motion for judgment on the pleadings was granted and demurrers were sustained without leave to amend. Our statement of facts, therefore, is based upon the allegations of the complaint. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 [ 216 Cal.Rptr. 718 , 703 P.2d 58 ] [on review of demurrer, court assumes the…

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