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BURKE v. SUPERIOR COURT

Docket No. 26430.

129 Cal.App.3d 570 (1982)

181 Cal. Rptr. 149

DORIS BURKE, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; HOLLY HIGGINS, a Minor, etc., et al., Real Parties in Interest.

Court of Appeals of California, Fourth District, Division One.

March 8, 1982.

Attorney(s) appearing for the Case

COUNSEL

Nickoloff & Distel, Thomas O. Nickoloff, Horvitz & Greines, Ellis J. Horvitz, Kent L. Richland and S. Thomas Todd for Petitioner.

No appearance for Respondent.

Ludecke, McGrath & Denton, Steven R. Denton, De Goff & Sherman and Victoria J. De Goff for Real Parties in Interest.

OPINION

BROWN (Gerald), P.J.

Petitioner, Doris Burke, defendant in an automobile personal injury action, seeks a writ of mandate to compel the trial court to sustain a demurrer to real parties' complaint. (1) The issue is whether a licensed liquor seller such as petitioner, who sells liquor to a sober person under 21 years of age, may be liable to injured third parties when the buyer becomes intoxicated and injures them...

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