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CI'Ct OF SAN BERNARDQO - REQUOT FOR COUNCIL A~ON
From:
Mayor Evlyn Wilcox
Subject:
Endorsement by Mayor & Council
- Support Proposition 51 - "Deep
Pocket Initiative" on the June 3,
1986 Ballot
Dept:
Mayor I s Offi ce
Date:
May 19, 1986
Synopsis of Previous Council action:
None
Recommended motion:
As per the consensus of the Mayor and Common Council at
the Mayor/Council Retreat, April 18 & 19, 1986, approve the
Resolution supporting Proposition 51, the uDeep Pocket
Initiative" on the June 3, 1986 Ballot.
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Signatu~ /
Contact person:
Mayor Wi 1 cox
Phone:
5051
Supporting data attached:
Yes
Ward:
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
75-0262
Aaenda Item NO.~~
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ENDORSING PROPOSITION 51, THE "DEEP POCKET
INITIATIVE", ON THE BALLOT FOR THE PRIMARY ELECTION OF JUNE 3,
1986, AND URGING THE ELECTORATE TO VOTE FOR ITS ENACTMENT.
WHEREAS, municipalities throughout the State of California
have in recent years become increasingly "deep pocket" victims of
huge liability awards; and
WHEREAS, these awards often bear little relation to the
degree of actual fault attributable to the cities; and
WHEREAS, many municipalities, including the City of San
Bernardino, have been unable to obtain liability insurance to
cover liability occurrences; and
WHEREAS, the cost of liability awards and the cost of
liability insurance have created a crisis which often results in
higher local taxes and a reduction in basic municipal services;
and
WHEREAS, Proposition 51, the "deep pocket" initiative, on
the statewide primary election of June 3, 1986, would modify
California I s "joint and several liability" provisions; and
WHEREAS, under the doctrine of joint and several liability
established by the courts, defendants who are found to be only 1%
at fault in a liability lawsuit can be made liable for 100% of
the damages awarded if other defendants are unable to pay for the r
share of the liability award; and
WHEREAS, under Proposition 51, the liability of each
responsible party in a lawsuit would be limited to that portion
of "non-economic" damages, such as pain and suffering, that is
equal to the responsible party's share of fault; and
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WHEREAS, defendants found at all responsible would continue
to be liable for the full cost of "economic damages" suffered by
the plaintiff, such as wages, hospital, medical, property, "out-
of-pocket" costs and loss of business and employment
opportunities, and anyone such responsible party would pay
economic damages if the other responsible parties are unable to
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pay their shares of fault.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO, that said City by and
through its elected governing representatives endorses
Proposition 51, the "deep pocket" liability reform initiative on
the ballot for the statewide primary election to be held on June
3, 1986, and urges the electorate to vote for its enactment.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof,
held on the
day of
, 1986, by the
following vote, to wit:
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day of
, 1986.
Mayor of the City of San Bernardino
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I Approved as to form:
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City ~ttorney ,
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