HomeMy WebLinkAboutCity Council - 5259 RESOLUTION N0. 5259
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH SUPPORTING SENATE BILL
NO. 575 TO AMEND THE CALIFORNIA CIVIL CODE
TO CLARIFY JOINT AND SEVERAL LIABILITY
WHEREAS, California Civil Code sections 1431 and 1432 set
out the presumption of joint obligation and the requirement for
contribution between parties presumed to be jointly and
severally liable ; and
Public entities have been victimized by such code sections
especially in the last ten years since comparative negligence
was adopted and governmental immunities have been eroded; and
Contributions by codefendants to the judgments awarded are
not in proportion to the codefendants' respective comparative
fault ; and
The obvious inequity of the judgments sustained over the
years has led to the refusal of insurance companies to insure
public entities, or prohibitive escalation of insurance premiums
forcing local governments into becoming self-insured ; and
The resulting flood of personal injury claims naming "deep
pocket" public entity codefendants has led to dramatically
increased costs to taxpayers and serious unbudgeted financial
uncertainty,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Huntington Beach that it does hereby strongly support
passage of Senate Bill No . 575, a copy of which is attached
hereto and by this reference made a part hereof, to restrict the
application of joint and several liability to certain types of
"out of pocket" damages.
BE IT FURTHER RESOLVED that copies of this resolution be
GH:TE:ps
4/20/83 1_
r
sent to appropriate representatives in the state Legislature,
The League of California Cities and the County Counsel of the
County of Los Angeles .
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at aW'Ng°ulard meeting thereof held on the 25th
day of Agri l �� 1983
ayo
ATTEST: APPROVED AS TO FORM:
62:�'9�4'
City Clerk City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Administrato Director of Public Works
2.
INS
The 1)eople o ,the 5'tatt:! 01'CiI111orrn i d.:, enact as fc>llo«s. `..
i
lntr ►duccd by Senatoi, foci is f;C"i`IO ' i. Sep: nor, 1431 �f e viva Co:
(Principal co�iuthor: Senator Beverly) � amended to react:
3 1431. Ati Excel)t as provided M, section 14,31.1, an(„
4 em!el)t ire the sl)ecial crises men!'loi<< ,,7 i'n this tjtic, ,
February 24, 1983 5 obligation iiinposed upon several persons, or a rigi"
6 created in favor of several persons, is presumed to bc>
i joint, and not several , e,,4 ;4 -.e� 4 Y a-e ipeeit:= c�
8 i � Tim a$ _ � �tttin tsr
An act to amend Sections 1431 and 1432 of, tnd to add 9 Gettt�. This presurription, in the case of a right, can be
Section 1431._1 to,the _Civil Code,and_to am end_Section_625 of 10 overcome only by express words to tne contrary.
the Code of Civil Procedure, relating to joint and several 11 SEC. 2. Section '431.1 is added o the Civil Code;
liability. lu read: -
13 1431.1. (a) In an action for personal injury, property
LEGISLATIVE,Anvf. cotTvsEiJs DIGEST14 damages, or wrongful death,where :n indivisible jury has
SB 575, as introduced, Foran. Joint and seven.! liability. 15 been sustained by the plaintiff as a proximate result of t`,
16 wrongful conduct of two or moo e persons, ttic toca'
Under existing law, in an action based upon negligence or 17 damages sustained by the plaintiff and to which tl E,
'. product liability against multiple tortfeasors for an indivisible
_ rtfe_t:ors iointly and severally liable for all 18 conduct of all of those persons has contributed shall b,-• ¢
.� . Il: equitably .apportioned among th -,I._ by the. t:w._r of t
to ni7a� injtil'y .CefJt E:i.is off based upon the ElegI"eE' cif. faun, !I
they are not liable for damages attributable to the negligence `"
21 upon the degree to which the conduct of eac-.n
of the plaintiff. However, tortfeasors may seek: equita.�le ,�
2 contributed to causia.« the com e-sable damages. the
indemitity book other tortfeasors. - " p g ('
This big' would pi ,wid- that in ivi action for personal injLIry, �5 amount so apportioned shall be stated as a pc ree,i�.��Vic,
2 which sha," aggregate 100 percent •..-;th i,espf f��t to all
property d�irnage, or d leath, w eio ern indivisibly: tnj�iry t�as llr those persons. The apportionments: gill be iziaci��
caused by or more persons, ttie damages shall be equitably 26 regard to any immunity from liability of any one or mw e
apportions d among them by th:- trier of fac- Faeh tortfeasor, 0-7 s ,°r i
as to economic.. dam, -s, wc�.Ilc: ,erEiaiia iointly I, s�l ���✓ei ";l. -� of the persons for conduct normally mposing
liable for such damage:. Ho\,,- �,c r, c act, t Yt;,,, or, as to r'r such is the immunity of ai.i eniplo�t r fr<iin lAa';ilit; to .
noneconomic dainages, wou. a )e liable for the perti-entage of 29 employee covered by workers' c napensatiur� or tl:G
such dama;+-s allc aft d to that 'person, and ltsibil ' >.vot� ,� be30 imr: unity from liability of a governmental entity.
1.]
311 Nothing in this section shall affect that immunity.
) '.J n"')T , �q
be made without regart. t;) any unni1iia but the
'b) The tri>r of fact ;hall dete to it E, Lc :.d amo:,
i x ��7 G damages, if aI?y, sustained by the plaintiff ana shali
app�� uonment woi.ilc. not of ter ' any iinmuni- f floc i .on r,4
cl'vide the total amount of darna cs into economic a.sa
of ;tam o '`s ry g
specified. Inc �iir� Jc �catag-Dries. The <. on of dot<aag,,s sh ;
Thy bill would enact a t iat ect p t ��is>` 1,
' c stated .zs dollar amounts which .izail aggregate
of the plaintiffs damages For purposes of tft ,,
•, Via i�`, )I t� 1`i 1"I3ti il. 1` Fi, ail f
S st �n .e CII 1- 1` t:_ "rco�i����mi(., dabt a inE�a is cEY�€ ,c
1 verifiable pecuniary lo�ses including, but not lifilited to, I this section shall not affect "'�jatever right o,'
contribution may exi i.
2 burial costs, medical expenses, loss of earnings, loss of u, 2 indemnification or coi st between then
3 of prf-,merry, costs of repair or replacement, cosis oi 0 (f) Except as provided in subdivi on,, (d` :jnd 'L-)
4 obtain;ng substitute domestic services, loss of 4 right of contribution as to the liability for rioneconomi
5 employment, and loss of business or e.niployment 5 damages shall exist in favor of one person liable against
6 opportunities. Foi the purposes of this sectiOn, the term 6 another person who is liable in any ction specified in
7 "noneconomic damages" means subjective, 7 subdivison (a).
8 nonpecuniary losses including, but not limited to, pain, 8 (g) In any action for personal injury, property
9 suffering, inconvenience, mental Suffering, emotional 9 damage, or wrongful death, a clairn 'DW the plaintiff a..zt
10 distress, loss of society and companionship, loss of 10 a counterclaim by any deferiadarit shall be set ofi", and a
11 consortium, injury to reputation, and humiliation. 11 judgment shall be entered only for the net amount in
12 (c) (1) The liability of the multiple toftfeasors for 12 favor of the person awarded the higher recovery.
13 economic damages shall be joint and sF!veral. 13 (h) Nothing in this section shall invalidate rights to
14 (2) The liability of each tortfeasor for noneconomic 14 indemnification or contribution which are provided fc."
15 damages shall be several only and shall not be joint. 15 by contract.
16 (3) Each tortfeasor shall be liable only forL the 16 SEC. 3. Section 1432 of the Civil Code is amended tc
17 percentage
ge of damages determined pursuant to 17 read:
18 subdivision (a) and allocated to that person from the total 18 1432. A Eycept as provided in Section 1431.1, a part,
19 compensable noneconomic damages, and a separate 19 to a joint, or joint and several obligation, who satisfie,
20 Judgment shall be rendered against the person for that 20 more than his or her share of the claim against all., ma)
1 r n o 1 21 require a proportionate contribution from all the rxtrti.-,,,
A
41 'he -'flccatio.i provided �,)r in paragrap'll k3) sf)ail
& - I ?-) 2 joined with him or her,
23 be made after deducting the portion of the noneconomic 23 SEC. 4. Section 625 of the Code or Civil .11rocedure _s
24 damages equal to the percentage found by the trier of 24 amended to read:
25 fact to be attributable to the wrongful conduct. il any, of 25 625. (a) In all cases the court may direct the jury tc.,
26 the plaintiff, 26 find a special verdict in writing, upon all, or any of th,_-
27 (d) The allocation provided for by this section shall 27 issues, and in all cases may instruct them, if they rende-,
28 not apply to any person who intentionally injures 28 a general verdict, to find upon particular questions of
29 another. That person shall be liable for all damages 29 fact, to be stated in writing, and may direct a written
30 inflicted and compensable tinder the law. However, an 30 finding thereon. The special verdict or finding sha
31 apportionment shall be made under this section with 31 be filed with the clerk and entered upon the minutes
32 respect to any other persons liable and not gu;lit')- of 32 Whef-e Ifa special finding of facts is inconsistent with the
33 intentional conduct, including for that purpose an 33 general verdict, the former controls the latter, and Ll e
34 allocat,on to the interitiinal actor. Any 34 court ff�+t4. shall give judgment ace,indingly.
35 shall have a right of indemnification against 35 (b) In an action forpersonal injurj� property-damage,
they J
36 intentional actor. 36 or wrongful death, where an indivisible injury has been
37 (e'; if one: pcT-soi- is vi .piously
lil-b1c for cw�du 37 '_tl5tditled b the plaintiff as a prqxirmite result of Me-
11 1 by
38 of another, they shall be treated as one person for ti-ic 38 wrongful conduct of two or more persons, the court sba!,'
39 purposes of this sectioi and the same percentage 39 direct the jury to return a special verdict in ivrjtih,,"
1 1 "7s.
:Y - - d -,ns requjrc d by- subdiVI'SiOD.11-1 -
40 alloc:tte-' to for +, theysh.,tli tw joil� 4i 117�`Orp�)ra J Jurati,
(b), and le) of Section 1131. of the yvil Codc
Res. No. 5259
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Cldrk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of more than a majority of all the members of said City Council
at a regular adjourned meeting thereof held on the 25th day
of April 1983 by the following vote:
AYES: Councilmen:
Thomas, Kelly, MacAllister, Finley, Bailey, Mandic
NOES: Councilmen:
None
ABSENT: Councilmen:
Pattinson
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
4{