Item 15 - Status of Pending LegislationAGENDA REPORT
CITY OF POWAY 1
This report is included on the Consent Calendar. There will be no separate discussion of the �y
„ report prior to approval by the City. Council unless membersof the Council, staff or public
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' request -it to be removed.from the Consent Calendaranddiscussed separately. If you wish to t` THE c
have this report pulled for discussion, please fill out a slip indicating the report number
' and give it to the City Clerk prior to the beginning of the City Council meeting.
TO: Honorable Mayor. and Members of the City Council
FROM: James L. Bowersox, City Man**
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INITIATED By Patricia R. Foley, Assistant to the City Man
DATES June 3, 1986
SUBJECT: Status of Pending Legislation
State Legislation
1. AB 4300 (Seastrand) Tort Reform
This bili requires that _a jury be told about the rule of joint and several
liability and its impact on the case the jury is hearing. Under current law,
Juries are usually unaware of the fact that a l percent responsible defendant
may end up paying 100 percent of the damages.
Recc�mendation: -
It is_recamiended that the City 'Council support Assembly Bill 4300,
2. AB 4400 (Lancaster) Tort Reform .
This bili expands a judge's discretion as to what he may tell a jury regarding
what is commonly known as a "Mary Carter" agreement. "Mary Carter" agreements
are settlement agreements in which defendant "A" guarantees the plaintiff a cer-
tain amount of money, and if the plaintiff recovers from defendant "B, such as
a city, the payment frcin defendant "A is reduced or extinguished, and "B" must
pay everything. Currently, juries- Tow very little about these agreements, and
presentlawprecludes the judge from giving them any details.
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ACTION:
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JUN 3 1886 ITEM
Agenda Report
June 3, 1986
Page 2
AB 4400 would allow judgesto use their discretion to determine how much the
jury should know about the agreement so that it can determine the credibility of
the testimony of people who have entered such agreements
Recommendation:
It is recommended that the City Council support Assembly Bill 4400.
JLBPRF:lc
JUN 0 1986 ITEM 15