Resolution 1985-78
trV'
.
.
..
RESOLUTION NO. 85 - 78
A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY IN SUPPORT OF AN
INITIATIVE tlJEASURE TO CHANGE CALIFORNIA'S "DEEP POCKETS" LAH.
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
lv"'HEREAS, this same doctrine h2.s also cost other governmental
bodies, business firms and professionals many millions of dollars;
and
vlliEREAS, ultimately this cost is unfairly borne by the tax-
payers and consumers of California; and
wHEREAS, many cities, other governmental bodies, business
firms and professionals are selected as defendants in lawsuits
merely because of their perceived assets or insurance and often are
found only fractionally at fault but must pay most or all of the
judg~ent because the defendants most at fault cannot pay; and
WHEREAS, the cost of this is unfairly borne by the taxpayers
and consumers of California; and
WHEREAS, the "Fair Responsibility Act of 1986" is an initia-
tive measure that would give the voters of California an opportunity
to reform the inequities and injustices of the "Deep Pocket DoctrineH
by holding liability lawsuit defandants financially liable in closer
proportion to their degree of fault.
NOW, THEREFORE BE IT RESOLVED that the City Council of the
City of Gilroy endorse the "Fair Responsibility Act of 198611 and
urge its support and passage to relieve the financial strain imposed
on local government and its taxpayers.
PASSED AND ADOPTED this 4th day of November, 1985, by the
following vote:
RESOLUTION NO. 85 - 78
-1-
"
.
.
NOES:
COUNCILMEHBERS: GAGE, KLOECKER, Iv1USSALLEH, PATE,
VALDEZ and HUGHAN.
COUNCILME}ffiERS: None
AYES:
ABSENT: COUNCILME}lliER: ALBERT
APPROVED:
/~!J
Nayor
.//1~
ATTEST:
d~~~:
.~ City Clerk
RESOLUTION NO. 85 -78
-2-
.
.
I, SUSANNE E. STEINMETZ; City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No.
85-78
is an
original resolution, duly adopted by the Council of the City of
Gilroy at a regular meeting of said Council held on the 4th
day of
November
, 19
85
-'
at which meeting a quorum was
present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Official Seal of the City of Gilroy this 12th day of November
19 li.
2tA~
Clerk.of the