HomeMy WebLinkAbout1986-05-06; City Council; Resolution 8535*- - x.
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RESOLUTION NO. 8535
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, IN SUPPORT OF PROPOSITION
51: THE FAIR RESPONSIBILITY ACT OF 1986
WHEREAS, The present court-adopted doctrine of "joint and
several liability" operates as a "Deep Pocket Doctrine, and
has unfairly cost the taxpayers and consumers of California
millions of dollars in court judgements, settlements, legal
costs, skyrocketing insurance premiums and difficulty in
obtaining adequate liability insurance coverage; and
WHEREAS, many cities, other governmental bodies, business
firms and professionals are selected as defendants in 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 judgement because the defendants most at fault cannot
pay; and
WHEREAS, ultimately this cost 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 this
"Deep Pocket Doctrine" by holding liability lawsuit defendants
financially liable in closer proportion to their degree of
actual fault:
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NOW, THERFORE, BE IT RESOLVED by the City Council of the
Clity of Carlsbad, California as follows:
1. That the above recitations are true and correct.
2. That the City Council does hereby support the "Fair
Responsibility Act of 1986" to relieve the financial strain
imposed on local government and its taxpayers.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on 6th day of May , 1986,
by the following vote to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES : None
ABSENT: None &dl.b?
MARY HdCASLER, Mayor
ATTEST :
(SEAL)