Res 83-022~SOLUTIONN0. 83-022
A RESOLUTION OF THE CITY (]0UNCIL
OF THE CITY OF POWAY, CALIFOI~NIA,
UNGING THE L~GISLATUi~ TO ~ACT S~l~ATE B~.L 575
~ON~_ING THE CURRS~T DOCTRINE OF JOINT AND
SEVERAL LIABILITY
~{EREAS, the present legal doctrine of joint and several liability makes
co-defendants in a single cause of action individually liable for the entire
amount of damages awarded; and
~EI~AS, a plaintiff in a civil action my collect his award for ds~nages
from a single co-defendant if he so chooses; and
~E~AS, in such case the paying co-defendant must seek reimbursenent from
the r~aining co-defendants; and
~EI~AS, if the remaining co-defendants are insolvent or judgment-proof, the
paying co-defendant may be left with the entire cost of the award for O~mages;
and
~EREAS, exposure to such financial liability bears no direct relation to
the proportion of legal fault of the respective co-defendants; and
~El~2~, public agency co-defendants, because of their "deep pocket" ability
to pay, are often made to pay large d~m~age awards in civil actions in which they
are minimally at fault; and
~EI~-AS, the burden placed upon the taxpayer as a result of the current
doctrine of joint and several liability is inequitable and improperly makes
public agencies insurers for the negligence of others.
NOW, THEREFORE, BE IT RESOLVED, the doctrine of joint and several liability
should be reformed to make financial liability reflect more closely legal
liability; and
BE IT ~3R~HER RESOLVED, the Legislature is urged most strongly to secure the
enactment of the provisions of S~ate Bill 575 (Foran).
P~SSED, ADOPTED AND APPNDVED, by the City ODuncil of the City of Poway,
California, at a regular meeting thereof this 19th day of April, 1983.
Linda L. Oravec, M~yor
~jo~ie K. Wahlsten,/ ~