Burke

Petitioner, Doris Burke, defendant in an automobile personal injury action, seeks a writ of mandate to compel the trial court to sustain a demurrer to real parties’ complaint. The issue is whether a licensed liquor seller such as petitioner, who sells liquor to a sober person under 21 years of age, may be liable to injured third parties when the buyer becomes intoxicated and injures them by his drunk driving. We conclude the newly enacted statutes limiting li *572 ability for the furnishing of alcoholic beverages do not exempt persons in petitioner’s position from liability as a matter of law, hence we deny the petition for a writ of mandate.

The alleged facts are: On March 15, 1981, defendant Mark James Wyatt, then aged 19, bought alcoholic beverages from Doris Burke, owner of San Marcos Liquor Store, a licensed seller of such wares. Wyatt went to the beach with four other young persons and became drunk. He drove from the beach at La Jolla Shores in a reckless manner at speeds ranging from 60 to 80 miles per hour and lost control of the vehicle, which flew into the air and crashed upside down. Passenger Ramer was killed. Three other passengers, Holly Higgins, Carol…

I must respectfully dissent.

Under current law, plaintiffs cannot establish proximate cause which is necessary to create liability (see, generally, 4 Witkin, Summary of Cal. Law (8th ed. 1974) Torts, § 488, p. 2749, § 622, p. 2904), even where it is claimed the presumption of negligence exists (Evid. Code, § 669, subd. (a), par. (2)).

It is the law of this state now that the consumption of alcoholic beverages rather than the furnishing of alcoholic beverages is “the proximate cause of injuries inflicted upon another by an intoxicated person” (Bus. & Prof. Code, § 25602, subd. (c); Civ. Code, § 1714, subd. (b); 1 Cory v. Shierloh (1981) 29 Cal.3d 430, 436-437 [ 174 *580 Cal.Rptr. 500 , 629 P.2d 8 ]). Cory v. Shierloh, supra, describes the 1978 amendments to these sections of the code dealing with the liability of alcoholic beverage furnishers as providing “sweeping immunity” (id. at p. 436) operating to “bar[] a suit by the intoxicated consumer as well as by third persons injured by him” (id. at p. 437), and extending “to providers of alcoholic beverages a general immunity from suit ...” (id. at p. 439). The court provides us with additional statements that these sections grant a…

Ludecke, McGrath & Denton, Steven R. Denton, De Goff & Sherman and Victoria J. De Goff for Real Parties in Interest.

OPINION

BROWN (Gerald), P.J.

Petitioner, Doris Burke, defendant in an automobile personal injury action, seeks a writ of mandate to compel the trial court to sustain a demurrer to real parties' complaint. (1) The issue is whether a licensed liquor seller such as petitioner, who sells liquor to a sober person under 21 years of age, may be liable to injured third parties when the buyer becomes intoxicated and injures them by his drunk driving. We conclude the newly enacted statutes limiting liability for the furnishing of alcoholic beverages do not exempt persons in petitioner's position from liability as a matter of law, hence we deny the petition for a writ of mandate.

The alleged facts are: On March 15, 1981, defendant Mark James Wyatt, then aged 19, bought alcoholic beverages from Doris Burke, owner of San Marcos Liquor Store, a licensed seller of such wares. Wyatt went to the beach with four other young persons and became drunk. He drove from the beach at La Jolla Shores in a reckless manner at speeds ranging from 60 to 80 miles per hour and lost control of…