Cardinal

HUFFMAN, Acting P.J.

Leo Cardinal appeals a judgment of dismissal after the trial court sustained without leave to amend a demurrer to his complaint for damages against Santee Pita, Inc., doing business as the Moondance Bar (Moondance). Cardinal contends the trial court erred in sustaining Moondance's demurrer without leave to amend and subsequently dismissing his complaint because Civil Code section 1714 and Business and Professions Code [1] section 25602 do not preclude his common law action based upon injuries caused by the foreseeable effect of alcohol upon him, an individual with a mental disability. We disagree and affirm.

We accept as true the facts alleged in the complaint. ( Bigbee v. Pacific Tel. & Tel. Co. (1983) 34 Cal.3d 49, 56, fn. 10 [ 192 Cal. Rptr. 857 , 665 P.2d 947].) On January 26, 1989, Cardinal, who "is disabled and mentally incompetent due to organic brain damage," went to the Moondance, a bar duly licensed to sell alcoholic beverages, which he had visited numerous times. About 10 a.m., Cardinal, who had already been drinking that morning, bought his first drink at Moondance. Moondance continued to serve him drinks even after he became obviously…