1985-134RESOLUTION NO. 85R- 134
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM SUPPORTING SENATE BILL 75.
WHEREAS, under the doctrine of joint and several
liability any defendant who contributes as little as one percent
to the injury of a plaintiff can be made to pay all damages if the
defendant(s) who contributed the other 99 percent cannot pay; and
WHEREAS, the result of this doctrine has made public
agencies throughout the state of California the target for
lawsuits where such agencies have negligible responsibility,
merely to provide a "Deep Pocket" capable of paying the judgment,
many of which suits have gone to extreme lengths to involve
government to the point of becoming ludicrous; and
WHEREAS, these lawsuits and judgments have caused
premiums for the insurance carried by governmental agencies to
escalate at an alarming rate, have caused cancellation of
insurance coverage, have caused the insurance market to shrink in
the last six months from more than 20 carriers to about five, and
have caused an undue burden to be placed upon the taxpayers who
ultimately pay the cost of judgments made under the doctrine of
joint and several liability; and
WHEREAS, Senator John F. Foran has introduced in the
state Legislature Senate Bill 75 which would leave the doctrine of
joint and several liability unchanged when applied to economic
damages such `as medical bills and lost wages, ,gut would, on awards
for noneconomic damages such as for pain and suffering, require
each co-defendant to be liable only to his or her degree of fault.
NOW, THEREFORE, BE IT RESOLVED tht Senate Bill 75
provides relief to the taxpayers from "Deep Pocket" lawsuits while
affording protection to accident victims; therefore, the City
Council of the City of Anaheim supports Senate Bill 75 and urges
members of the state Legislature to support its adoption.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 9th day of April, 1985.
MAYO OF THE CITY ANAHEIM
ATTEST:
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CITY CLERK OF THE CITY OF ANAHEIM
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3397M
040385
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 85R-134 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on '""~'~+,.
the 9th day of April, 1985, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt 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. 85R-134 on the 9th day of April, 1985.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 9th day of April, 1985.
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CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 85R-134 duly passed and
adopted by the Anaheim City Council on April 9, 1985.
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CITY CLERK
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