Zieff

*245 Opinion

In this case we must determine whether an unlicensed party who sells liquor to an obviously intoxicated minor may be held civilly liable to a person later injured by him. We find statutory law and judicial precedent compel the conclusion that no such cause of action may be sustained. Accordingly, we affirm an order granting a demurrer without leave to amend and dismissing plaintiffs action against the defendants herein.

Since this appeal arises from a dismissal based on a demurrer without leave to amend, we may presume all material facts pled in the complaint to be true. (Strang v. Cabrol (1984) 37 Cal.3d 720, 722 [ 209 Cal.Rptr. 347 , 691 P.2d 1013 ].) The complaint alleges defendants Neil and Aija Weinstein (defendants) held a gathering at their home in San Rafael. Admission was charged and alcoholic beverages sold to persons attending. Defendants sold alcohol to 17-year-old Kurt Falkenburg, up to and beyond the point where Falkenberg was obviously intoxicated. Falkenberg left the gathering and subsequently crashed his automobile into a utility pole. Plaintiff, who was a passenger in Falkenberg’s automobile, sustained severe injuries as a result of the…