HomeMy WebLinkAbout1983 031 CC RESO1983 031 CC RESO (Ìì ë ŸØúRESOLUTION NO. 83-31
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BALDWIN PARK URGING
ELIMINATION OR REFORMATION OF THE
DOCTRINE OF JOINT AND SEVERAL
LIABILITY
WHEREAS/ the doctrine of joint and several liability makes each
codefendant 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, a defendant who may be only marginally liable for a
plaintiff's injuries may be forced to pay all damages because other
defendants are insolvent or judgment proof; and
WHEREAS, the joint and several liability doctrine has been
particularly unfair to public entities who are perceived as deep pocket"
defendants 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 taxpaytng public as a result
of the joint and several liability doctrine is inequitable.
NCW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Baldwin Park, 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.
BE IT FURTHER RESOLVED, that the Legislature of the State of
California be urged to enact SB 575 or some other legislative bill which
will accomplish these purposes.
BE IT FURTHER RESOLVED, that the City Clerk shall certify to the
adoption of this Resolution, and shall forward certified copies hereof to
each member of the State Legislature.
APPROVED and ADOPTED this 4th day of Mav^ 1983.
ATTEST:
LB<lDA L. GAIR/ CITY CLERK
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1983 031 CC RESO (Ìì ë ŸØúResolution No. 83-31
Page 2
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES) ss:
CITY OF BALDWIN PARK
I/ LINDA L. GAIR, City Clerk of the City of Baldwin Park, do
hereby certify that the foregoing Resolution was duly and regularly
approved and adopted by the City Council of the City of Baldwin Park at
its regular meeting of the City Council on the 4th day of May, 1983, by
the following vote:
AYES: COUNCIIMEN Aguilar, McNeill, Izell and Mayor White
NOES: COUNCII^EN None
ABSENT: OOUNCIU^EN King
l&DA L. GAIR^dlTY CLERK"
BIB]
37677-U01
1983-U02
031-U02
CC-U02
RESO-U02
LI3-U03
FO2126-U03
FO10175-U03
DO10376-U03
C6-U03
RESO-U03
2/24/2003-U04
ROBIN-U04