CACI No. 422

Minors (Bus. & Prof. Code, § 25602.1)

[Name of plaintiff] claims [name of defendant] is responsible for [his/her/

nonbinary pronoun] harm because [name of defendant] [sold/gave]

alcoholic beverages to [name of alleged minor], a minor who was already

obviously intoxicated.

To establish this claim, [name of plaintiff] must prove all of the following:

1. [That [name of defendant] was [required to be] licensed to sell

alcoholic beverages;]

1. [or]

1. [That [name of defendant] was authorized by the federal

government to sell alcoholic beverages on a military base or other

federal enclave;]

2. [That [name of defendant] [sold/gave] alcoholic beverages to [name

of alleged minor];]

2. [or]

2. [That [name of defendant] caused alcoholic beverages to be [sold/

given away] to [name of alleged minor];]

3. That [name of alleged minor] was less than 21 years old at the

time;

4. That when [name of defendant] provided the alcoholic beverages,

[name of alleged minor] displayed symptoms that would lead a

reasonable person to conclude that [he/she/ nonbinary pronoun] was

obviously intoxicated;

5. That [name of alleged minor] harmed [name of plaintiff]; and

6. That [name of defendant]’s [selling/giving] alcoholic beverages to

[name of alleged minor] was a substantial factor in causing [name

of plaintiff]’s harm.

In deciding whether [name of alleged minor] was obviously intoxicated,

you may consider whether [he/she/ nonbinary pronoun] displayed one or

more of the following symptoms to [name of defendant] before the

alcoholic beverages were provided: impaired judgment; alcoholic breath;

incoherent or slurred speech; poor muscular coordination; staggering or

unsteady walk or loss of balance; loud, boisterous, or argumentative

conduct; flushed face; or other symptoms of intoxication. The mere fact

that [name of alleged minor] had been drinking is not enough.

New September 2003; Revised December 2009, June 2014, December 2014, May