UJI 13-1666. Liability for social hosts in a licensed establishment.

To establish the claim against _______________ (name of defendant), ___________________ (name of plaintiff) has the burden of proving the following elements: 1. _____________________ (name of defendant) provided alcoholic beverages to ___________________________ (name of guest or plaintiff); 2. At the time ___________________ (name of defendant) provided the alcoholic beverages to ________________ (name of guest or plaintiff), ______________________ (name of guest or plaintiff) was intoxicated; 3. __________________ (name of defendant) provided the alcoholic beverages recklessly; and 4. ___________________ (name of guest or plaintiff)’s intoxication was a cause of ____________ (name of guest or plaintiff)’s [injuries and] damages. [To prove that ______________ (name of defendant) provided alcoholic beverages to __________________ (name of guest or plaintiff), ____________________ (name of plaintiff) must prove that ______________________ (name of defendant) had some responsibility for or control over the service of alcohol to ____________ (name of guest or plaintiff). You must consider all of the circumstances. For example, you may consider whether _______________ (name of defendant) set up a gathering for a specific purpose or benefit to ______________ (name of defendant), such as to celebrate an event, or to promote business goodwill; whether _____________ (name of defendant) arranged in advance for the provision of food and beverages or; whether ______________________ (name of defendant) invited _______________ (name of guest or plaintiff) to attend as ______________________ (name of defendant)’s guest. The presence or absence of a particular circumstance does not necessarily resolve whether _______________ (name of defendant) had some responsibility for or control over the provision of alcohol to __________________ (name of guest of plaintiff).]