HomeMy WebLinkAbout1994-04-19; City Council; 12665; AMENDMENT OF LEGISLATIVE PLATFORM SUPPORTING LEGISLATION ALLOWING RECOVERY OF COSTS AND ATTORNEYS' FEESi .4
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DEPT. X AMENDMENT OF LEGISLATIVE PLATFORM
CITY I DEPT. - SUPPORTING LEGISLATION ALLOWING
RECOVERY OF COSTS AND ATTORNEYS' FEES
RECOMMENDED ACTION: It is recommended that the City Council adopt Resolution fi GU*/Ob amending ite legielakive platform and directing t City At'torney to work with local legislators in pursuit those changes.
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ITEM EXPLANATION
The law presently allows a public entity to recover its cos and attorneys' fees only in narrow circumstances upon determination by the court that a lawsuit has not been brouc
and maintained in good faith. In practice this seldom OCCU~
Instead, lawsuits are filed against a public entity whj incurs a substantial amount of time and expense which is I recovered in proving there is no basis upon which liabil: can be imposed, It is recommended that we support legislat: which would require a person to demonstrate to a court tht is a reasonable basis upon which liability may be impos before filing a lawsuit. This would avoid unnecessary co! and attorneys' fees in defending an action and proving the is no basis upon which liability can be imposed against 1 City before a dismissal can be obtained,
It is further recommended that the City support legislat allowing a city to recover its costs and attorneys' fees the court's discretion where it is the prevailing party. TI would encourage an early resolution of lawsuits involv
public entities and provide a disincentive for filing lawsu without substantial justification.
Adoption of Resolution No. 9 g-106 would also direct City Attorney to work with our legislative delegation
introduce legislation accomplishing these objectives.
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There is no fiscal impact directly associated with
adoption of the resolution other than expenditure of st time, If the law is changed allowing the City to recover costs and attorneys' fees, there could be a substantial undetermined reduction and avoidance of future litigat expenses.
EXHIBITS
1. Resolutin No. Sii-lO~ .
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RESOLUTION NO. 94 - 1 06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING THE CITY OF CARLSBAD 1994 LEGISLATIVE PLATFORM
WHEREAS, the City Council of the City of Car
incurs .a substantial amount of time, energy and expense
defending litigation; and
WHEREAS, such expenses are not ordinarily reco
through the litigation process; and
WHEREAS, the City desires to avoid or r
unnecessary expenditures of these costs,
NOW, THEREFORE, BE IT RESOLVED by the City Counc
the City of Carlsbad, California as follows:
1. That the above recitations are true and cor
2. That the city Council of the City. of Car
amends in 1994 Legislative Platform by adding paragraph 3(
read as follows:
Itsupport legislation requiring a party to show good or reasonable cause to the court
why a public entity may be liable for money or damages prior to filing a lawsuit against it . t1
3. That the City Council of the City of Car
amend in 1994 Legislative Platform by adding paragraph 4(
the 1994 Legislative Platform to read as follows:
"Support legislation that would allow a public entity to recover costs and attorneys' fees in the court I s discretion when it is the prevailing party in the litigation, 'I and;
4. That the City Attorney is directed to worE
state legislators to introduce legislation accomplishin
above objectives.
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PASSED, APPROVED AND ADOPTED at a Regular Meeti
the City Council of the City of Carlsbad held on the 19th
of APRIL 1994, by the following vote, to wit:
AYES! Council Members Lewis, Stanton, Kulchi
NOES: None
ABSENT : None
ATTEST :
ALwmdENe*
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