Civil & Criminal LiabilityQuestion 88 of 100
California Civil Code §1431.2 (Proposition 51) governs how non-economic damages are allocated in a multi-defendant case. Under this rule, a defendant licensee held civilly liable in a §25602.1 minor case is responsible for:
a.100% of all damages, jointly with the patron
b.Only their proportionate share of non-economic damages based on the trier of fact's comparative-fault allocation
c.Triple damages for punitive purposes
d.No damages because Proposition 51 abolished tort liability
Explanation
Proposition 51 (Civil Code §1431.2) provides that liability for non-economic damages (pain and suffering, emotional distress) is several only — each defendant pays its own percentage share. Economic damages (medical bills, lost wages) remain joint and several. In a §25602.1 case, a jury allocates fault among the drunk minor, the server/licensee, the parents, and others; the licensee's exposure on non-economic damages is limited to its assigned share, often reducing total exposure.
Law Reference: Cal. Civ. Code §1431.2 (Proposition 51)Practice all 100 questions free — no signup required.
Related questions on this topic
- Under California's doctrine of respondeat superior, when a server makes an unlawful sale under §25602, the licensee/employer can be held:
- ABC may suspend or revoke an alcohol license under §24200 for multiple grounds. Which of the following is a common ground?
- The burden of proof for a criminal §25602 prosecution against a server is:
- If a server is criminally charged with a §25658 sale-to-minor violation but presents proof that they checked a bona fide §25660 ID in good faith, what is the legal effect?
- Which of the following plaintiffs can bring a §25602.1 civil dram-shop suit in California?
- Even though California generally does not impose dram-shop liability for serving obviously intoxicated ADULTS, why should an RBS-certified server still strictly enforce §25602 refusals on adult patrons?
Last reviewed: · editorial process
PrepPass Editorial Team · Verified against California RBS Alcohol Server Exam · How we review