Melton

This appeal is taken from an order sustaining a demurrer without leave to amend. At issue is defendant’s liability for hosting a party where plaintiffs were attacked by unidentified individuals. We conclude: (1) because defendant did not owe plaintiffs a duty of care, plaintiffs’ negligence claims fail; (2) because plaintiffs’ nuisance claim merely restates their negligence claims, it also fails; and (3) amendment cannot cure the defects in plaintiffs’ complaint. We therefore affirm.

FACTUAL AND PROCEDURAL BACKGROUND

The parties to this action are Cody Melton, Mike Richard Kelly, and Jesse A. Maldonado (collectively, plaintiffs), and Clive Boustred (defendant).

On May 5, 2007, defendant held a party at his residence featuring live music and alcoholic beverages. Defendant advertised the party using an open invitation on the social networking site, MySpace.com. Upon arriving at the party, plaintiffs were attacked, beaten, and stabbed by a group of unknown individuals. They sustained serious injuries.

Proceedings in the Trial Court

Plaintiffs brought suit against defendant, asserting claims for negligence and premises liability. Defendant demurred to the original…