Resolution Number CVWD 85-3-19-1Lim
RESOLUTION NO. 85-3-19-1
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE CAPISTRANO VALLEY WATER DISTRICT
SUPPORTING SENATE BILL 75
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 ninety-nine 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 twenty 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 noneconomic damages such as for pain and suffering, require each co-defendant to be
liable only to his or her degree of fault.
RESOLUTION NO. 85-3-19-1 - Page Two
CAPISTRANO VALLEY WATER DISTRICT
NOW, THEREFORE, BE IT RESOLVED, Senate Bill 75 provides relief to the
taxpayers from "Deep Pocket" lawsuits while affording protection to accident victims;
therefore, the Board of Directors of the Capistrano Valley Water District supports
Senate Bill 75 and urges members of the State Legislature to support its adoption.
PASSED, APPROVED and ADOPTED this 2nd day of April, 1985, by the following
vote, to -wit:
AYES: DIRECTORS: Bland, Buchheim, Friess, Hausdorfer, and Swartze
NOES: DIRECTORS: None
ABSENT: DIRECTORS: None
of the Board of Directors
> Valley Water District
ATTEST:
E. PHIL HALE.,Xlerk of the Board
STATE OF CALIFORNIA)
: ss.
COUNTY OF ORANGE )
I, Clerk of the Board of Directors of the Capistrano Valley Water District, do
hereby certify and declare that the above and foregoing Resolution was duly adopted by
the unanimous vote of all members of the Board of Directors present and voting at a
regular meeting thereof held on the 2nd day of April, 1985, at the hour of 6:30 p.m.
Clerk of the Board
CAPISTRANO VALLEY WATER DISTRICT
` E. PHILLI HALE j