Loading...
HomeMy WebLinkAboutAgenda Report - August 18, 1982 (33)City Clerk Reimche presented a letter which had been received from Assemblyman Alister McAlister expressing appreciation to the Lodi City Council for its support for Senator Beverly's SB500 which would have reformed the law of joint and several liability. Discussion fo City Attorney with questions i Staff. ALISTER WAUSTER ASSEMOLYMAN. TWENTY-FIFTH DISTRICT CHAIRMAN FINANCE. INSURANCE. MID COMMERCE .44W. August 16, 1982 Hon. Alice M. Reimche City Clerk City of Lodi Post Office Box 320 Lodi, California 95241 Dear Ms. Reimche: Thank you for your expression of support for Senator Beverly's SB 500, which would have reformed the law of joint and several liability. On August 4, 1982, 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 6 "yes* to 4 "no", 8 "yes" vctes being required for passage in the 14 -member committee. I have authored similar measures 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 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 e::couraged 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. & sAvwlo+ro orml COAM ITTEEB STATE CAPITOL CHAIRMAN. FINANCE SACRAMENTO. CJLL.FORNIA 9564 INSURANCE. AND COMMERCE mane 19%) "5- "74JUSTICE R E C � D,,,,,c, O"ICE SSTs VALLEY WAY [� LABOR AND EMPLOYMENT M PHONE 408)24 -95038 PHONE t40� 263-5300 �/ �Ir� igAJ2 AUG it�?LREVISION t4t5) 791.2151 GLORIA ROMAYOR ADMWrSTRATIVE ASSf3TANY • t&Iffia-r-nin ! MI E ON vv ATE ECONOMY I'1, MITTEE ON CITY CI� YOVERSIGHT CITY OF LOO ALISTER WAUSTER ASSEMOLYMAN. TWENTY-FIFTH DISTRICT CHAIRMAN FINANCE. INSURANCE. MID COMMERCE .44W. August 16, 1982 Hon. Alice M. Reimche City Clerk City of Lodi Post Office Box 320 Lodi, California 95241 Dear Ms. Reimche: Thank you for your expression of support for Senator Beverly's SB 500, which would have reformed the law of joint and several liability. On August 4, 1982, 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 6 "yes* to 4 "no", 8 "yes" vctes being required for passage in the 14 -member committee. I have authored similar measures 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 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 e::couraged 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. Page 2 August 16, 1982 In this era of recession and fiscal difficulties for government, it is especially regrettable that tax monies that could otherwise be devoted to useful public services must instead br 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, MASTER McALI TER AM:cdf STATE CAMOL SACRAMI NTQ CAL IFORMA 956M A10NE (9$61445-7974 D ISTRCT CVTXZ SS4 VAu£Y WAY 14KJ4TA.S. CAItORN1A 95036 F►/OWE 14061263-5300 MW 791.2131 GLORIA ROMAYOR ADM%"TRATNE A"MYANT Assenthlg Talt-fo-nnt-a Kegi"stature ALISTER MCALISTER ASSEMBLYMAN. TWENTY+WTH DISTRICT CHMRMAN FINANCE. INSURANC& AND COMMERCE a(w . August 16, 1982 Mr. Ronald M. Stein City Attorney City of Lodi Post Office Box 320 Lodi, California 95241 Dear Rr. Stein: OOW*Nrr 3 CHAIRMAN. FINANCE INSURANCE. AND COMMERCE CRIMINAL JUSTICE JUDICIARY L M30R AND EMPLOYMENT CALIFORNIA LAW REVISION COMMISSKJN JOINT COMMITTEE ON STATE ECONOMY sELEc r COMMITTEE ON REGItLATC>RY OVERSIGHT Thank you for your exp-ression of support for Senator Beverly's SB 500, which would have reformed the law of joint and several liability. On August 4, 1982, 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 6 "yes" to 4 "no*, 8 *yes" votes being required for passage in the 14 -member committee. I have authored similar measures and have long advocated substantial tort reforms sous 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 must bear its share of the responsibility, however, since it has not acted to correct these decisionsx in fact, by its inaction the LegialAture 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. e I e Page 2 August 16, 1982 In this era of recession and fiscal difficulties 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. Sin rely yours v ALISTER McALISTER AM.-cdf