Hraefn
Verified Attorney
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I disagree based on other wrongful death lawsuits that have been brought against the driver and whomever supplied the alcohol to the minor. Plus, he would have a very difficult if not impossible time finding any commercial insurance coverage for his business:
Cal. Business & Professions Code §25602.1
Notwithstanding subdivision (b) of §25602, a cause of action may be brought by or on behalf of any person who has suffered injury or death against any person licensed, or required to be licensed, pursuant to §23300, or any person authorized by the federal government to sell alcoholic beverages on a military base or other federal enclave, who sells, furnishes, gives or causes to be sold, furnished or given away any alcoholic beverage, and any other person who sells, or causes to be sold, any alcoholic beverage, to any obviously intoxicated minor where the furnishing, sale or giving of that beverage to the minor is the proximate cause of the personal injury or death sustained by that person.
http://www.ncsl.org/research/financ...ce/dram-shop-liability-state-statutes.aspx#CA
She's not a minor and he wasn't operating a business in this context (the law is from the Business & Professions Code), but there is probably some statutes or common law doctrine that would apply if it is proven someone above the drinking age provided her alcohol. I just haven't seen those facts proven yet.