Laserfiche WebLink
RESOLUTION NO. 85-148 <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE <br />CITY OF SANTA ANA ENDORSING <br />~HE "FAIR RESPONSIBILITY ACT OF 1986" <br /> <br /> WHEREAS, the present joint and several liability law, also known as the <br />"Deep Pocket Doctrine", has unfairly cost the cities of California millions of <br />dollars in court judgments, settlements, legal costs, skyrocketing insurance <br />premiums and difficulty in obtaining adequate liability insurance coverage; and <br /> <br /> WHEREAS, this same doctrine has also cost other governmental bodies, <br />business firms and professionals many millions of dollars; and <br /> <br /> WHEREAS, the cost of liability insurance to the City of Santa Ana has <br />increased from .17 percent of the ~eneral fund budget in 1983 to one percent of <br />the general fund budget in 1985; and <br /> <br /> ~EREAS, ultimately this cost is unfairly borne by the taxpayers and <br />consumers of California; and <br /> <br /> WHEREAS, many cities, other governmental bodies, business firms and <br />professionals are selected as defendants in lawsuits merely because of their <br />perceived assets or insurance and often are found only fractionally at fault but <br />must pay most or all of the judgment because the defendants most at fault cannot <br />pay; and <br /> <br /> W/~EREAS, the "Fair Responsibility Act of 1986" is an initiative measure <br />that would give the voters of California an opportunity to reform the inequities <br />and injustices of the "Deep Pocket Doctrine" by holding liability lawsuit <br />defendants financially liable in closer proportion to their degree of fault. <br /> <br /> <br />