HomeMy WebLinkAboutCity Council - 5596 RESOLUTION NO. 5596
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH OPPOSING THE "DEEP POCKET DOC-
TRINE, " AND ENDORSING THE "FAIR RESPONSIBILITY
ACT OF 1986
WHEREAS, the present joint and several liability law, also
known as the "Deep Pocket Doctrine, " has unfairly cost the
cities of California millions of dollars in court judgments,
settlements, legal costs, skyrocketing insurance premiums and
difficulty in obtaining adequate liability insurance coverage;
and
This same doctrine costs other governmental entities, busi-
ness firms and professionals millions of dollars which is ulti-
mately passed on to and borne by the taxpayers and consumers of
California; and
Governmental bodies, business firms and professionals are
sued merely because of preconceived assets or amounts of insur-
ance, and although only fractionally responsible, pay the bulk
or all of a judgment because no rational determination is made
as to the actual fault of those involved in liability lawsuits;
and
Individuals who are financially irresponsible or unable to
pay are most often those who initiate liability lawsuits, and
under a fair responsibility determination, would bear the major
part of a judgment; and
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 the "Deep Pocket
Doctrine" by determining the amount of fault to be apportioned
to defendants in liability lawsuits,
1.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Huntington that it does hereby endorse the "Fair
Responsibility Act of 1986, and urges the state legislature to
support this initiative so that the taxpayers, governmental
entities, private businesses and professionals may be granted
much-needed relief from the financial strain imposed under the
existing law.
BE IT FURTHER RESOLVED that the City Clerk is hereby di-
rected to forward copies of this resolution to neighboring
cities, the Orange County Board of Supervisors, the League of
California Cities, and appropriate members of the California
legislature.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 2nd
day of December 1985 .
It'l �.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk i/_/i&' - .�- City Attorney
INITIATED AND APPROVED:
ty A mini r for
ahb; 11/18/85
1033L/3876
2 .
Res. No. 5596
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk 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 meeting thereof held on the 2nd day
of December 19 85 by the following vote:
AYES: Councilmen:
Kelly, MacAllister, Bailey, Mandic, Finley, Green, Thomas
NOES: Councilmen:
None
ABSENT: Councilmen:
None
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California