HomeMy WebLinkAboutRESOLUTIONS - 02091982 - 82/165'
THE BOARD OF SUPERVISORS OF C:ONTRA COSTA COUNTY, CALIFORNIA
Adopted th is Order on February 9 ' · 1982 , by the following vote:
AYES: Supervisors Fahden, Schroder, Torlakson, McPeak .
NOES: None.
ABSENT: None.
ABSTAIN: Supervisor Powers(For the reason that he did not have sufficient
information on the bill)
SUBJECT: .Adopting County Position in )
Support of SB 1336 Pertaining )
to the Rule of Joint and )
Several Liability )
) -------------------------
RESOLU~nON NO. 8 2/ 165
WHEREAS the Tort Claims Act of 1963 declares that the subject of
governmental tort liability shall be entirely controlled by statute;
and
WHERE~~S the Tort Claims Act has been substantially changed by
recent case law; and
WHEREAS the rule of joint and several liability as declared by
the California Supreme Court in American Motorcycle v Superior Court
has imposed liability upon defendants n~gardless of the comparative
degree of fault and has made each defendant an insurer of the other;
and
WHEREAS the rule of joint and several liability is inconsistent
with the principle of comparative negligence adopted by the California
Supreme Court in the 1975 case of Liv Yellow Cab and is the principal
reason public entities have become "tar~Jet" and "deep pocket"
defendants; and
WHEREAS the rule of joint and several liability has placed a
tremendous financial burden upon public agencies, because of the
increased number of claims and increased settlement and judgment
costs; and
WHEREAS all such increased costs are paid by the general public
from tax revenues decreased by Proposition 13 and limited by
Proposition 4; and
WHEREAS SB 1336 proposed to fairly apportion liability based
upon the comparative degree of fault, thereby limiting the expenditure
of public funds to the share of a judgment equal to such agency's
proportionate share of liability;
NOW I THEREFORE I BE I'l' RESOLVED that the Board of Supervisors of
Contra Costa County, on beha l f of the taxpaying public, urges the
California Legislature and the Governor to enact SB 1336 during the
1981-1982 General Legislative Session; and
BE IT FURTHER RESOLVED that copies of this resolution be sent
to the Governor, the Senate and Assembly Judiciary Committees, the
Legislative delegates representing Contra Costa County and the
County Supervisors Assoc~at~on o f California.
cc: GovenolC Edmund G. Brown .Jr.
County Administrator
County Counsel
Art Laib
Legislative Delegation
Senate Judiciary Committee
Assembly Judiciary Connnitte,e
County Supervisors Association
of California
I hereby certify that this is a true and correct copy of
;;in action taken an d entered on the minutes of the
Board of Supervisors on tha date shown.
FEB 9 1982
ATTESTED:---... ·--------
J.R. CL[~C, f, CDUNTY CLERK
and ex oti:D fo Clerk of the Board 7/1~ l3y /2 ·~~,a/~ , Deputy
C. Matthews
RESOLUTION NO. 82/165 /j_,u