HomeMy WebLinkAbout84-030•,
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BOARD OF SUPER'VIS~RS
GC~LINTY OF- BUTTE, STATE _OF- C.ALIF4RNl.A
Resojufion No.84-so
RESOLUTION IN SUPPORT OF SB 575 PERTAINING
TO THE RULE OF JOINT AND SEVERAL LIABILITY
WHEREAS, the Tort Claims Act of 1963 declares that the subject of governmental
tort liability shall be entirely controlled by statute; and
WHEREAS, the Tort Claims Act has been substantially changed by recent case
Iaw; and
WHEREAS, the rule of joint and several liability as declared by the California
Supreme Court in American Motorcycle vs. Superior Court has imposed liability upon
defendants regardless 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 1974 Case
of Li vs. Yellow Cab and is the principal reason public entities have become "target"
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 575 proposes 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, THEREFORE, BE IT RESOLVED that the Butte County Board of
Supervisors, on behalf of the taxpayers of the County of Butte, urges the California
Legislature and the Governor to enact SB 575; and
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BE IT FURTHER RESOLVED, that copies of this resolution be sent to the
Governor, the Assembly Judiciary Committee members, the Legislative delegates
representing Butte County, and the County Supervisors Association of California.
PASSED AND ADOPTED by the Butte County Board of Supervisors this 28th.
day of February , 1984 by the following vote:
AYES: Supervisors Dolan, Fulton, Moseley and Chairman Saraceni - - -
NOES: None
ABSENT: Supervisor wheeler
NOT VOTING: None
LiGL i2~fix~L~
AL SARAC N , Chairman of the
Butte County Board of Supervisors
ATTEST:
MARTIN J. NICHOLS, Chief Administrative Officer
and ex-officio Clerk of the Board
BY i '~