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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. ...".'t... ..... -_..:~~.._~......~..-....-......~...~ ~:".."~Jh .~'-..~"'~""_.,;.~...... 1 THE FOREGOING RESOLUTION is approved and adopted this 27th day of May , 1986. MAYOR ATTEST: ~~ 2t~ CITY CLERK OF THE CIT OF AN~M ROF : 1m 4742U/OS1586 ..... . ~ . .'~"""'_.."""~~-"'~~"""''''''..'_.'~...U..'''Ili~'''''WI_~''~''~ ~ 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. ~~ 7r9-R- CITY CLERK ----