Baker

Elizabeth Baker appeals from a summary judgment in favor of Juan Sudo, Lelia Sudo, Scott Anderson and Terry Anderson.

Baker, 16, was injured in a single vehicle automobile accident in which she was a passenger. She sued, among others, the driver of the automobile, who was allegedly intoxicated at the time, as well as the homeowners (the Sudos) and the residents (the Andersons) of the house where alcoholic beverages were served to the driver. The trial court granted summary judgment on the ground the immunities provided under Civil Code section 1714 and Business and Professions Code section 25602 barred Baker’s action against the Sudos and the Andersons. Baker contends a recent amendment to section 25602.1 eliminates the claimed immunity under section 25602, and the amended statute should be applied retroactively.

Facts

On June 30, 1984, Anthony Gonzales, 18, attended a party at the Sudo residence. The party was given by, among others, Scott Anderson, who is the son of Lelia Sudo, and Anderson’s wife Terry. The Sudos were out of town. The party, which was advertised by flyers, attracted approximately 1,000 people. It featured a live band and the serving of hard liquor…