HomeMy WebLinkAboutReso. 1986 - 036 - Supporting changes in the law relative to "deep pocket" liabilty 411
RESOLUTION NO. 96
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
SUPPORTING CHANGES IN THE LAW RELATIVE TO "DEEP POCKET"
LIABILITY.
WHEREAS, the present joint and several liability law, also
known as the "Deep Pocket" doctrine, has unfairly cost the cities
of California millions of dollars in court judgments, settle-
ments, legal costs, skyrocketing insurance premiums, and
difficulty in obtaining adequate liability insurance coverage;
and
WHEREAS , this same doctrine has also cost other governmental
bodies, business firms and professionals many millions of dollars
in the same way; and
WHEREAS, ultimately this cost is unfairly borne by the
taxpayers and consumers of California; and
WHEREAS , many cities , other governmental bodies, business
firms and professionals are selected as defendants it lawsuits
merely because of their perceived assets or insurance, and often
are found only fractionally at fault but must pay most or all of
the judgment because the defendants most at fault cannot pay; and
WHEREAS, the cost of this is unfairly borne by the taxpayers
and consumers of California; and
WHEREAS, the Fair Responsibility Act of 1986 is an
initiative measure that would give the voters of California an
opportunity to reform the inequities and injustices of the "Deep
Pocket" doctrine by holding liability lawsuit defendants
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financially liable in closer proportion to their degree of fault;
and
WHEREAS, reform in the "Deep Pocket" doctrine as practiced
in the State of California is unfair to the citizens and
consumers of this State;
NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council
of the City of Redding endorses change in the "Deep Pocket"
doctrine as found in the State of California and urges the voters
to support that change through the ballot box in order to relieve
the financial strain imposed on local government and its
taxpayers.
I HEREBY CERTIFY that the foregoing Resolution was
introduced and read at a regular meeting of the City Council of
the City of Redding on the 3rd day of February , 1986 ,
and was duly adopted at said meeting by the following voite:
AYES: COUNCIL MEMBERS: Fulton, Pugh, & Kirkpatrick
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Demsher & Gard
ABSTAIN: COUNCIL MEMBERS: None
,e94_.
e�('C-t J / *° II
HOWARD D. KIRKPA •ICK, Mayor
City of Redding
ATTEST:
."1 0,
ETHEL A. NICHOLS, City Clerk
FORMMAPPROVED:
RA1'DALL A. HAYS , City ttorney