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8/2/83
RESOLUTION NO. 83-96
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA URGING ELIMINATION OR
REFORMATION OF THE DOCTRINE OF JOINT
AND SEVERAL LIABILITY
WHEREAS, the doctrine of joint and several liability
("doctrine") makes each co-defendant in a civil damage
action based on negligence individually liable for the
entire amount of a plaintiff's damages regardless of his
degree of fault, and
WHEREAS, this represents a total departure from
one of the most ancient and basic concepts of tort law that
liability be based on fault, and
WHEREAS, based on the doctrine, a defendant who
may be only very slightly liable for a plaintiff's injuries
may be forced to pay all damages because other defendants
are insolvent or judgment proof, and
WHEREAS, the doctrine has been particularly unfair
to public entities who are perceived as "deep pocket" defen-
dants and are often required to pay large damage awards in
actions in which they are minimally at fault, and
WHEREAS, plaintiffs routinely join as defendants
public entities who may be connected with their injuries
only with the most extreme degree of remoteness with the
hope that a jury will attribute even a minimal degree of
liability to the entity, thereby assuring the satisfaction
of their judgment in full, and
WHEREAS, the burden placed upon the taxpaying
public as a result of the doctrine is inequitable and
costly.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SANTA ANA AS FOLLOWS:
1. That the City Council urges the Legislature
of the State of California to eliminate or reform the joint
and several liability doctrine to limit the financial
liability of each defendant to the degree of his fault.
RESOLUTION NO. 83-96
Page Two
2. That the Legislature of the State of California
is urged to enact legislation which will accomplish these
,purposes.
3. That the Clerk of the Council shall send
copies of this resolution to each member of the State
'Legislature representing Orange County constituents.
ADOPTED, this 15th day of August , 1983
R. i. LUXEMBOURGER, YOR
ATTEST:
JANICE GUY,
Clerk 01 the Council
Councilmembers:
Luxembourger Ave
Griset Aye APPROVED AS TO FORM:
,Acosta Ave
Bricken Ave �;Lrdllwva�
Johnson Nay
McGuigan Ave EDWARD J. OOP R,
Young Aye City At orney.