Resolution 10714CITY OF ALAMEDA RESOLUTION NO. 10714
EXPRESSING SUPPORT FOR THE PASSAGE OF SENATE BILL
75 PERTAINING TO 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 b' Proposition 13 and limited
by Proposition 4; and
WHEREAS, legislation known as SB 75 has been introduced
by Senator John F. Foran which would limit payments for non-
monetary damages in "deep pocket" cases while continuing the
present arrangement for all direct costs, such as medical bills
and lost income;
NOW, THEREFORE, BE IT RESOLVED by the CounciL of the City
of Alameda that said Council expresses its support of SB 75 and
urges favorable consideration of said bill by the Legislature.
BE IT FURTHER RESOLVED that copies of this resolution be
sent to the Governor of the State of California, the Honorable
George Deukmejian, the author of the bill, Senator John F.
Foran, members of the Assembly Judiciary Committee and the
Assemblyman representing the City of Alameda, Elihu Harris, and
members of the Senate Judiciary Committee and the Senator
representing Alameda County, Nicholas C. Petris.
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 20th day of August, 1985,
by the following vote to wit:
AYES: Councilmembers Corica, Hanna, Lucas, Monsef and President Diament - 5.
NOES: None.
ABSENT: None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 21st day of August, 1985.
the City of Alameda