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TO: BOARD OF SUPERVISORS Contra
FROM: C. E. Dixon, Interim County Administrator
Costa
DATE: March 15, 1984 CroUrlty
SUBJECT: Legislation: SB 2258
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Adopt a position of support for SB 2258 (Marks)
BACKGROUND:
Existing court decisions have held that when a plaintiff settles a claim against
one of several defendants and subsequently obtains a judgment against the other
defendants, the plaintiff' s recovery from the defendants against whom he obtains
the judgment is reduced only by the amount the plaintiff actually recovers from
the defendant with whom he settled, regardless of what that defendant's comparative
responsibility was.
SB 2258 has been introduced by Senator Marks to modify those court decisions.
SB 2258 would reduce the plaintiff's recovery against the non-settling defendants
by subtracting from the total damages awarded the damages attributed to the
comparative fault of the settling defendant without regard to the amount of the
actual settlement. County Counsel advises that SB 2258 will help limit recovery
from local governments in excess of their comparative share of fault under the
joint and several liability rule, and recommends that the Board strongly support
SB 2258. We concur with that recommendation.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
X RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
X APPROVE OTHER
SIGNATURE(S) Ce&��
ACTION OF BOARD ON arch 257T97' APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS 000174
UNANIMOUS (ABSENT _ ) I HEREBY CERTIFY THAT THIS 15 A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
County Administrator
OF SUPERVISOR"N THE DATE SHOWN.
//,,
CC: County Counsel ATTESTED 40
Legislative Delegation J.R. OLSSON. COUNTY
Senator Marks AND EX OFFICIO CLERK OF THE BOARD
Senate Judiciary
CSAC
M382/7-83 BY DEPUTY