Leong v. San Francisco Parking Inc.9/30/1991
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE
Nos. A049421, A051199
1991.CA.40346 ; 1 Cal. Rptr. 2d 41; 235 Cal. App. 3d 827
Decided: September 30, 1991.
SANG LEONG ET AL., PLAINTIFFS AND APPELLANTS,
v.
SAN FRANCISCO PARKING, INC., ET AL., DEFENDANTS AND RESPONDENTS. SANG LEONG ET AL., PLAINTIFFS AND APPELLANTS, V. CITY AND COUNTY OF SAN FRANCISCO, DEFENDANT AND RESPONDENT
Superior Court of the City and County of San Francisco, No. 910400, Richard P. Figone, Judge.
Robert Henry Blumenthal for Plaintiffs and Appellants.
Louise H. Renne, City Attorney, Kimberly A. Reiley, Chief Deputy City Attorney, Roger W. Hackley, Deputy City Attorney, Low, Ball & Lynch, Robert Lazzarini, Charles S. Redfield, Drevlow, Murray & Payne, John J. Murray and Donald K. Bussiere for Defendants and Respondents.
Opinion by Chin, J., with Merrill, Acting P. J., and Strankman, J., concurring.
Chin
Sang and Sau Wan Leong appeal the trial court's orders dismissing their action against respondents San Francisco Parking, Inc. (SF Parking), the San Francisco Giants (the Giants), and the City and County of San Francisco (the City) upon the sustaining, without leave to amend, of respondents' demurrers to the Leongs' first and second amended complaints for wrongful death. We hold that the trial court properly sustained the demurrers because respondents are not liable as a matter of law for the death of the Leongs' son, Norman. Moreover, since there is no possibility the Leongs can
state a cause of action, it was not error to refuse to grant leave to amend. Therefore, we affirm.
Factual Background
According to the Leongs' first amended complaint, which does not name the City as a defendant, on August 6, 1989, Godfrey Mauricio was driving a vehicle that collided with and killed their son, Norman, who was riding his bicycle at the time. In their claim against SF Parking and the Giants, the Leongs further allege that Mauricio had attended a Giants' baseball game at Candlestick Park prior to the accident. He drank alcoholic beverages in the parking lot both before and after the game. He also drank alcoholic beverages during the game, "which beverages were provided by the defendants, and each of them." The collision resulting in Norman's death occurred after Mauricio left the stadium parking lot. Mauricio was intoxicated at the time. The Leongs premise liability on allegations that SF Parking and the Giants (1) "owned, operated, controlled, leased, and maintained" the parking lot, (2) "have known, or should have known," that patrons were using the parking lot "for tailgating parties and were then and there consuming alcoholic beverages in or about their motor vehicles, and that such patrons were driving their motor vehicles to and from the ballgames . . . ," (3) failed, despite having this knowledge, "to take any reasonable steps to prevent or to prohibit" patrons from so consuming alcoholic beverages, and "actually encouraged, in some ways, the use of the parking lot premises for tailgating parties and the consumption of alcoholic beverages by patrons and operators of motor vehicles . . . ," and (4) "so negligently owned, operated, maintained, controlled and leased the said parking lot premises so as to proximately cause the operation of motor vehicles by persons under the influence of alcohol and so as to proximately cause the
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