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DMF/fm <br />8/2/83 <br />RESOLUTION NO. 83-96 <br />A RESOLUTION OF THE CITY COUNCIL OF THE <br />CITY OF SANTA ANA URGING ELIMINATION OR <br />REFORMATION OF THE DOCTRINE OF JOINT <br />AND SEVERAL LIABILITY <br />WHEREAS, the doctrine of joint and several liability <br />("doctrine") makes each co-defendant in a civil damage <br />action based on negligence individually liable for the <br />entire amount of a plaintiff's damages regardless of his <br />degree of fault, and <br />WHEREAS, this represents a total departure from <br />one of the most ancient and basic concepts of tort law that <br />liability be based on fault, and <br />WHEREAS, based on the doctrine, a defendant who <br />may be only very slightly liable for a plaintiff's injuries <br />may be forced to pay all damages because other defendants <br />are insolvent or judgment proof, and <br />WHEREAS, the doctrine has been particularly unfair <br />to public entities who are perceived as "deep pocket" defen- <br />dants and are often required to pay large damage awards in <br />actions in which they are minimally at fault, and <br />WHEREAS, plaintiffs routinely join as defendants <br />public entities who may be connected with their injuries <br />only with the most extreme degree of remoteness with the <br />hope that a jury will attribute even a minimal degree of <br />liability to the entity, thereby assuring the satisfaction <br />of their judgment in full, and <br />WHEREAS, the burden placed upon the taxpaying <br />public as a result of the doctrine is inequitable and <br />costly. <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL <br />OF THE CITY OF SANTA ANA AS FOLLOWS: <br />1. That the City Council urges the Legislature <br />of the State of California to eliminate or reform the joint <br />and several liability doctrine to limit the financial <br />liability of each defendant to the degree of his fault. <br />