Resolution 10038CITY OF ALAMEDA RESOLUTION NO. 10038
A RESOLUTION OF THE COUNCIL OF THE CITY OF ALAMEDA
SUPPORTING SENATE BILL 575 RELATING TO THE RULE OF
JOINT AND SEVERAL LIABILITY
WHEREAS, the Tort Claims Act of 1963 declares that the
subject of governmental tort liability shall be entirely
controlled by statute; and
WHEREAS, the Tort Claims Act has been substantially
changed by recent case law; and
WHEREAS, the rule of joint and several liability as
declared by a 1978 Supreme Court decision has imposed liability
upon defendants regardless of the comparative degree of fault
and has made each defendant an insurer of the other; and
WHEREAS, the rule of joint and several liability is
inconsistent with the principle of comparative negligence
adopted by the California Supreme Court in the 1975 Case of Li
v. Yellow Cab and is the principal reason public entities have
become "target" and "deep pocket" defendants; and
WHEREAS, the rule of joint and several liability has
placed a tremendous financial burden upon public agencies,
because of the increased number of claims and increased
settlement and judgment costs; and
WHEREAS, all such increased costs are paid by the general
public from tax revenues decreased by Proposition 13 and limited
by Proposition 4; and
WHEREAS, legislation known as SB 575 has been introduced
by Senator Foran which would fairly apportion liability based
upon the comparative degree of fault, thereby limiting the
expenditure of public funds to the share of a judgment equal
to such agency's proportionate share of liability.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF ALAMEDA that said Council express its support of SB 575 by
notifying the Governor of the State of California, the Honorable
George "Duke" Deukmejian, the author of the bill, Senator John
Francis Foran, members of the Senate Judiciary Committee and
the Senator representing Alameda County, Nicholas C. Petris.
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I, the undersigned, hereby certify that the foregoing Resolution
was duly and regularly adopted and passed by the Council of the
City of Alameda in regular meeting assembled on the 3rd of May, 1983,
by the following vote to wit:
AYES: Councilmembers Diament, Gorman, $herratt, Stone and President Corica - 5.
NOES: None.
ABSENT:None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official.seal of said City this 4th of May 1983.
Deputy ty Clerk of the City of �� ameda