HomeMy WebLinkAboutResolution 124-85 RESOLUTION NUMBER 124-85
WHEREAS, the present joint and several liability law, also known
as the "Deep Pocket Doctrine", has unfairly cost the cities of California
millions of dollars in court judgments, settlements, legal costs, skyrock-
eting insurance premiums and difficulty in obtaining adequate liability
insurance coverage; and
WHEREAS, this same doctrine has also cost other governmental bodies,
business firms and professionals many millions of dollars; and
WHEREAS, ultimately this cost is unfairly borne by the taxpayers and
consumers of California; and
WHEREAS, many cities, other governmental bodies, business firms and
professionals are selected as defendants in lawsuits merely because of
their perceived assets or insurance and often are found only fractionally
at fault but must pay most or all of the judgment because the defendants
most at fault cannot pay; and
WHEREAS, the cost of this 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 the "Deep Pocket Doctrine" by holding
liability lawsuit defendants financially liable in closer proportion to
their degree of fault; now, therefore be it
RESOLVED that the City Council of the City of ATASCADERO
endorse the "Fair Responsibility Act of 1986" and urge its support and
passage to relieve the financial strain imposed on local government and
its taxpayers.
On motion by Council Person MACKEY and seconded by Council Person
HANDSITY , the oregoing resolution is hereby adopted in its
entirety on the following roll call vote:
AYES: COUNCILPERSONS HANDSITY, MACKEY, MOLINA, NORRIS AND
MAYOR NELSON
NOES: NONE
ABSENT: NONE
ADOPTED: 11/12/85
R.O.= NSLSON, i favor
Resolution Number 124-85
ROBERT' M. J0 S, Cita Cler
APPROVED AS TO CON=:
^ n
M'TM TON, City Manager
APPROVED ASM RM:
ROBEF,F Mo JONES, ity Attorney