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Leong v. San Francisco Parking Inc.9/30/1991
death of the decedent by an intoxicated driver who became intoxicated at said Candlestick Park, and in said parking lot . . . ."
SF Parking and the Giants demurred to the first amended complaint on the grounds that the Leongs' claim failed to state facts sufficient to constitute a cause of action and was uncertain because there was no allegation that Mauricio was an obviously intoxicated minor. The trial court sustained the demurrer without leave to amend. The Leongs filed a motion for reconsideration or, in the alternative, to vacate the judgment, attaching a proposed amended complaint for consideration. The trial court denied the motion, and the Leongs filed a notice of appeal.
Prior to issuance of the order sustaining the demurrer to the first amended complaint, the Leongs filed a second amended complaint naming the City as a defendant in the third cause of action. In that cause of action, the Leongs premise liability on allegations that the City (1) owned and operated Candlestick Park and the adjacent parking lot, (2) encouraged, invited, and permitted Mauricio to bring alcoholic beverages to the premises and consume them in his vehicle both before and after the game, and (3) knew, consented to, permitted, and encouraged members of the public to drive under the influence of alcohol. The Leongs also incorporate by reference the allegations of the first two causes of action, which are substantially similar to the two claims alleged in the first amended complaint. The City demurred, relying on the same grounds that SF Parking and the Giants had successfully argued to the court. The court sustained the demurrer without leave to amend. The Leongs filed a notice of appeal and, upon the Leongs' motion, we consolidated the appeals.
Discussion
The principal issue on appeal involves application of Business and Professions Code section 25602. Subdivision (b) of section 25602 provides that " o person who sells, furnishes, gives, or causes to be sold, furnished, or given away, any alcoholic beverage [to any habitual or common drunkard or to any obviously intoxicated person] shall be civilly liable to any injured person or the estate of such person for injuries inflicted on that person as a result of intoxication by the consumer of such alcoholic beverage." As subdivision (c) explains, the purpose of the statute is to reaffirm "prior judicial interpretation finding the consumption of alcoholic beverages rather than the serving of alcoholic beverages as the proximate cause of injuries inflicted upon another by an intoxicated person."
The allegations in the Leongs' first amended complaint bring their claim against SF Parking and the Giants clearly within the scope of section 25602, subdivision (b). As set forth above, the Leongs allege that Mauricio drank alcoholic beverages during the game, "which beverages were provided by the defendants, and each of them . . . ," and that SF Parking and the Giants "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 death of the decedent by an intoxicated driver who became intoxicated at said Candlestick Park, and in said parking lot . . . ." (Italics added.) Thus, under section 25602, the Leongs cannot hold SF Parking and the Giants civilly liable.
Apparently contending that they should be given leave to amend, the Leongs argue that section 25602 does not bar suit against SF Parking and the Giants because the Leongs "can plead specific facts alleging that [SF Parking and the Giants] did not f
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