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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,/ ~