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HomeMy WebLinkAbout85-148RESOLUTION NO. 85-148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ENDORSING ~HE "FAIR RESPONSIBILITY ACT OF 1986" 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, skyrocketing 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, the cost of liability insurance to the City of Santa Ana has increased from .17 percent of the ~eneral fund budget in 1983 to one percent of the general fund budget in 1985; and ~EREAS, 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 W/~EREAS, 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. RESOLUTION NO. PAGE TWO NOW, THEREFORE, BE IT RESOLVED that the City of Santa Ana endorses the "Fair Responsibility Act of 1986" to relieve the financial strain imposed on local government and its taxpayers. 2nd day of December , 1985. ~ Daniel E. Griset Mayor Griset A~e Johnson A~e Acosta A~e Hart A e Luxembourger ~ McGuigan Aye Young A~e ~wa]r d ~Coo~r City At t o~i~'