Biles

In this case we hold that the immunity from tort liability afforded a social host who furnishes alcohol (Civ. Code, § 1714, subd. (c)) cannot be circumvented by positing a duty upon the social host to supervise guests to whom he furnished alcohol. (All further statutory references are to the Civil Code unless otherwise indicated.)

Plaintiff Melvin Biles appeals from a judgment dismissing his first amended complaint after a demurrer was sustained without leave to amend. The complaint alleges in pertinent part: “3. During the afternoon of February 19, 1981, plaintiff had consumed a great deal of alcoholic beverages with the defendants, Kenneth and Geraldine Richter (hereinafter referred to as defendants) at various restaurants and social clubs.

“4. Subsequent to leaving the public establishments, the plaintiff and defendants went to defendants’ residence located at 19 Linda Drive, Oroville, California and had dinner and continued to consume alcoholic beverages.

“5. While plaintiff and defendants were at defendants’ residence, other social guests of defendants arrived at said residence and they too consumed alcoholic beverages and were allowed by defendants to freely help…