HomeMy WebLinkAboutAgenda Report - July 18, 1984 (78)r"
CITY COUNCIL NEMING ,
x x
C11"ICATIMS City Clerk Reimche presented the following letter which
had been received from Assemblyman Alister McAlister:
"Thank you for your expression of support for Senator
Foran's SB 575, which would have reformed the law of
joint and several liability.
On June 18, 1984. I voted in favor of this measure in
the Assembly Judiciary Committee. Unfortiniately,
despite my "yes" vote, the measure was defeated by a
vote of 5 "yes" and 4 "no", 7 "yes" votes being
required for passage in the 13 -member committee.
I have authored similar measures (AB 1784 of 1979 and
AB 86 of 1981) and have long advocated substantial tort
reforms so as to bring about a better balance in tort
litigation. It is clear that in California the legal
situation has become completely unbalanced in favor of
tort claimants. 1h13 imbalance has resulted because of
many decisions over the past generation handed down by
the California Supreme Court creating or distorting cne
legal doctrine after another in favor of plaintiffs..
The Legislature must bear its share of the
responsibility, however, since it has not acted to
correct these decisions; in fact, by its inaction the
Legislature has only encouraged our State Supreme Court
to become ever bolder in its process of continually
reshaping and expanding the California laws of
liability.
If any constructive change is going to occur, it will
require the active and concerted organizational efforts
of all of those individuals and organizations that are
dedicated to the cause of tort reform. Otherwise,
those who continue to benefit- from ever more liberal
tort recoveries will continue to prevail in the halls
of the Legislature.
Reform may also require serious considert,'tion being
given to an Initiative campaign. Many other causes
have been taken directly to the voters. Why not tort
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WIMNICATICrS' City Clerk Reimche presented the following letter which `
had been received from Assemnblyman Alister McAlister: s_
"Thank you for your expression of support for Senator
?:
Foran's SB 575, which would have reformed the law of `
joint and several liability.
e=
On June 18, 1984. I voted in favor of this m;asure in
the Assembly Judiciary Committee. Unfortunately,
despite my "yes" vote, the measure was defeated by a
vote of 5 "yes" and 4 "no". 7 "yes" votes being
required for passage in the 13 -member committee.
I have authored similar measures (AB 1784 of 1979 and
AB 86 of 1981) and have long advocated substantial tort
reforms so as to bring about a better balance in tort
litigation. It is clear that in California the legal
situation has become completely unbalanced in favor of
tort claimants. This imbalance has resulted because of
many decisions over the past generation handed down by
the California Supreme Court creating or distorting one
legal doctrine after another in favor of plaintiffs.
The Legislature mast bear its share of the
responsibility, however. since it has not acted to
correct these decisions; in fact, by its inaction the
Legislature has only encouraged our State Supreme Court
to become ever bolder in its process of continually
reshaping and expanding the California laws of
liability.
If any constructive change is going to occur. it will
require the active and concerted organizational efforts
of all of those individuals and organizations that are
dedicated to the cause of tort reform. Otherwise,
those whc continue to benefit from ever- more liberal
tort recoveries will continue to prevail in the halls
of the Legislature.
Reform may also require serious consideraticr being
given to an Initiative canpaign. Manv other causes
have been taken directly to the voters. Why not tort
reform? Such a caapaign would succeed if sponsored by
an aroused coalition of industry, local and state
government officials, medical doctors and other health
profe•%ionals, insurers and other concerned citizens.
in this era of fiscal difficulties for government, it
is especially regrettable that tax monies that could
otherwise be devoted to useful public services toast
instead be committed to the process of litigation and
payment of claims and judgments. I hope that the day
will soon cone when far more of my legislative
colleagues, both liberals who would like to spend more
money on social programs and conservatives who would
like to save money for tl-e taxpayer as well as maintain
basic services such as law enforcement, cane to the
hard r^alization that their objectives cannot be net if
excessive monies must be commmmi t ted to the tort
litigation system. Hopefully, they will also cone to
realize that the excessive commitment of monies by
business organizations to this same civil liability
system diminshas the ability of our private sector to
provide the jobs that are necessary for a prosperous
economy. Unrealistic and excessive products liability
can goo so far as to discourage innovative and
�ITY COWNCIL
JOHN R (Randy) SNIDER. Mayor
DAVID M HINCHMAN
Mavtw Pro. Tempo"
EVE LYN M OLSON
JAMES W PINKERTON, It
FRED M REID
July 23, 1984
CITY OF LODI
CITY HALL. 221 WEST PINE STREET
POST OFFICE BOX lro
LODI. CALIFORNIA )5241
(209) 334-5634
Assemblyman Al1sten McAlister
Chairman
Finance and Insurance Corwittee
State Capitol
Sacramento, California 95814
Re: SB 575
Dear Assemblyman McAlister:
HENRY A. CLAVES. it,
City Manager
ALICE M. REtMCHE
City Clerk
RONALD M STEM
itY Attorney
The Lodi City Council has authorized me to write to you
with two purposes in mind. First, to thank you for your
continued support of ars attempt toward tort reform. Second,
to offer.my assistance in the development of an initiative
toward tort reform. I believe that one does not have to be
a Lawyer in ozder to observe the inherent unfairness in re-
quiring one to be liable for a larger percentage of liability
than they actually were responsible for. Can't you just see
our campaign for an initiative that asks the question: "If
you are 1% liable, what percentage of damages should you pay"?
A rhetorical question, but one with a very logical answer.
I have over the past two years been on the League of
California Cities Legislative Tort Reform Subcommittee. Tort
reform -has been discussed many times in said Committee, and
the ideaOILan initiative has not been left out of many con-
versations.
I certainly would be very willing to work with your office in
writing and in garnering support for an initiative on a State-
wide basis. I remain
N
rs,
IN
CITY ATTORNEY
RMS:vc
cc: Lodi City Council. Members
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'TATE CAPITOL
YACJ.AMENT'O CALWORNiA SS811-18"
AiO+E IOW44S 7874
DMI -K I ansa
S64VALLEY WA.
kWPR?A6 C A►AFORNIA *SO" 4997
PHONE (008) 263 5300
(46) 781 21st
GLORIA RO#AAYOR
4CWINI3TAAME AS"T.NT
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1 COMMITTEES
CHAIRMAN FINANCE AND
INSURANCE
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CALIFORNIA LAW REVISION
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EIMCHE
CITY LCRK
ALISTER MCAUSTER
ASSEMBLYMAN. EIGHTEENTH DISTRICT
CHAIRMAN
FINANCE AND INSURANCE
July 3, 1984
Ms. Alice M. Reimch
City Clerk
City of Lodi
221 West Pine Street
Lodi, California 95240
Dear Ms. Reimch:
Thank you for your expression of support for Senator Foran's
SB 575, which would have reformed the law of joint and several
liability.
On
On June 18, 1984, I voted in favor of this measure in the
Assembly Judiciary Committee. unfortunately, despite my "yes"
vote, the measure was defeated by a vote of 5 "yes" to 4 "no," 7
"yes" votes being required for passage in the 13 -member committee.
I have authored similar measures (AB 1784 of 1979 and AB 85
of 1901) and have long advocated substantial tort reforms so as to
bring about a better balance in tort litigation. It is clear that
In Califorr.Aa the legal situation has become completely unbalanced
in favor of tort claimants. This imbalance has resulted because of
many decisions over the past generation handed down by the California
Supreme Court creating or distorting one legal doctrine after another
in favor of plaintiffs. The Legislature must bear its share of the
responsibility, however, since it has not acted to correct these
decisions; in fact, by its inaction the Legislature has only
encouraged our State Supreme Court to become ever bolder in j is
process of continually reshaping and expanding the California laws
of liability.
If any constructive change is going to occur, it will require
the active and concerted organizational efforts of all of those
individuals and organizations that are dedicated to the cause of
tort reform. Otherwise, those who continue to benefit from ever
more liberal tort recoveries will continue to prevail in the halls
of the Legislature.
Page Two
July 3, 1984
Reform may also require serious consideration being given to an
Initiative campaign. Many other causes have been taken directly to
the voters. Why not tort reform? Such a campaign would succeed if
sponsored by an aroused coalition of industry, local and state
government officials, medical doctors and :ther health professionals,
insurers and other- concerned citizens.
In this era of fiscal d-ifficulties for government, it is
especially regrettable that tax monies that could otherwise be
devoted to useful public services must instead be committed to the
process of litigation and payment of claims and judgments. I hope
that the day will soon come when far more of my legislative
colleagues, both liberals who would like to spend more money on
social programs and conservatives who would like to save money
for the taxpayer as well as maintain basic services such as law
enforcement, come to the hard realization that their objectives
cannot be met if excessive monies must be committed to the tort
litigation system. Hopefully, they will also come to realize that
the excessive commitment of monies by business organizations to this
same civil liability system diminishes the ability of our private
sector to provide the jobs that are necessary for a prosperous
economy. Unrealistic and excessive products liability can go so
far as to discourage innovative and productive technologies, to the
detriment of our continued economic growth.
Sincerely yours,
ALISTER MCALISTER
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