86R-215
RESOLUTION NO. 86R-~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ENDORSING PROPOSITION NO. 51: THE FAIR
RESPONSIBILITY ACT OF 1986
WHEREAS, under existing law, tort damages awarded a
plaintiff in court against multiple defendants may all be'
collected from one defendant, no matter how small that defendant's
percentage of fault; and
WHEREAS, the legal doctrine of joint and several
liability, also known as "deep pocket rule" has unfairly cost the
taxpayers and consumers of California millions of dollars in court
judgments, settlements, legal costs, skyrocketing insurance
premiums, and difficulty in obtaining adequate liability insurance
coverage; and
WHEREAS, many cities are sued as defendants in lawsuits
merely because of their perceived assets or insurance and are many
times found only marginally at fault; and
WHEREAS, many cities must pay most or all of a judgment
because the defendants most at fault are uninsured and have no
funds to pay such judgment; and
WHEREAS, ultimately this cost is unfairly borne by the
taxpayers and consumers of California; and
WHEREAS, the "Fair Responsibility Act of 1986" is an
initiative measure that would give the voters of California an
opportunity to reform the inequities and injustices of this "deep
pocket doctrine" by limiting plaintiff's non-economic damage
recovery to defendant's liability based on defendant's percentage
of fault.
NOW THEREFORE BE IT RESOLVED, that the City Council of
the City of Anaheim endorses the "Fair Responsibility Act of 1986"
and urges its support and passage to relieve local governments
from payment of non-economic damages except to the extent of the
local governments' fault in "deep pocket" lawsuits.
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THE FOREGOING RESOLUTION is approved and adopted this 27th
day of May , 1986.
MAYOR
ATTEST:
~~ 2t~
CITY CLERK OF THE CIT OF AN~M
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4742U/OS1586
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CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SSe
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 86R-2l5 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 27th day of May, 1986, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth
NOES:
COUNCIL MEMBERS: None
ABSENT:
COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 86R-215 on the 27th day of May, 1986.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 27th day of May, 1986.
~~?t~
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the forego:f.ng is the original of Resolution No. 86R-215 duly passed and
adopted by the Anaheim City Council on May 27, 1986.
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CITY CLERK ----