Resolution Number 85-4-2-5373
RESOLUTION NO. 85-4-2-5
SUPPORTING SENATE BILL 75 - LIMITING
DAMAGES AGAINST PUBLIC ENTITIES
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, SUPPORTING
SENATE BILL 75 - LIMITING DAMAGES AGAINST
PUBLIC ENTITIES
WHEREAS, under the doctrine of joint and several
liability any defendant who contributes as little as one percent
to the injury of a plaintiff can be made to pay all damages if
the defendant(s) who contributed the other 99 percent cannot pay;
and,
WHEREAS, the result of this doctrine has made public
agencies throughout the State of California the target for
lawsuits where such agencies have negligible responsibility,
merely to provide a "Deep Pocket" capable of paying the judgment,
many of which suits have gone to extreme lengths to involve
government to the point of becoming ludicrous; and,
WHEREAS, these lawsuits and judgments have caused
premiums for the insurance carried by governmental agencies to
escalate at an alarming rate, have caused cancellation of
insurance coverage, have caused the insurance market to shrink in
the last six months from more than 20 carriers to about five, and
have caused an undue burden to be placed upon the taxpayers who
ultimately pay the cost of judgments made under the doctrine of
joint and several liability; and,
WHEREAS, Senator John F. Foran has introduced in the
State Legislature Senate Bill 75, which would leave the doctrine
of joint and several liability unchanged when applied to economic
damages such as medical bills and lost wages, but would, on
awards for non -economic damages such as for pain and suffering,
require each co-defendant to be liable only to his or her degree
of fault.
NOW, THEREFORE, BE IT RESOLVED, that the City Council
of the City of San Juan Capistrano supports Senate Bill 75 which
will provide relief to the taxpayers from "Deep Pocket" lawsuits
while affording protection to accident victims, and urges members
of the State Legislature to support its adoption.
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BE IT FURTHER RESOLVED that the City Clerk is directed
to forward a certified copy of this Resolution to Senator Marian
Bergeson, Assemblyman Gil Ferguson and any other State
Representatives as deemed necessary.
PASSED, APPROVED AND ADOPTED this 2nd day of
April r 1985 .
Ewlan
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ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Resolution No. 85-4-2-5 , adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 2nd day of
April 1985 , by the following vote:
AYES: Councilmen Bland, Buchheim
and Mayor Hausdorfer
NOES: None
ABSENT: Councilmen Fri/ess/s and Schwartze
(SEAL) ��L/.iZ�i�.���� 611v�2
MARY HANOVER; CI Y C ERK
d=
3'75
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
MARY ANN HANOVER, being first duly sworn, deposes
and says:
That she is the duly appointed and qualified City Clerk
of the City of San Juan Capistrano;
That in compliance with State laws of the State of
California and in further compliance with City Resolution
No. 83-12-20-3 and on the 4th day of April 1985 ,
she caused to be posted:
RESOLUTION NO. 85-4-2-5
being: SUPPORTING SENATE BILL 75 - LIMITING
DAMAGES AGAINST PUBLIC ENTITIES
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, SUPPORTING
SENATE BILL 75 - LIMITING DAMAGES AGAINST
PUBLIC ENTITIES
in three (3) public places in the City of San Juan Capistrano,
to wit: City Hall; Old Fire Station Recreation Complex; Orange
County Public Library.
MARY ANN, AN CITY CLERK
San Juan Capistrano, California
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