Torts/Personal Injury,
Civil Litigation,
California Supreme Court
Aug. 19, 2020
When is ‘each defendant’ not ‘every defendant’? Under Prop 51
Proposition 51 makes “each defendant” jointly liable for all economic damages, but severally liable for noneconomic damages only in proportion to fault. Last week, the California Supreme Court unanimously ruled that this does not apply to intentional tortfeasors.
Don Willenburg
Partner
Gordon & Rees LLP
appellate law, litigation, special master
1111 Broadway Ste 1700
Oakland , CA 94607
Phone: (510) 463-8600
Email: dwillenburg@grsm.com
Stanford Univ Law School
Don is chair of the firm's Appellate Practice Group in Oakland, and an attorney member of the Information Technology Advisory Committee to the Judicial Council. The views expressed are his own.
Proposition 51 -- aka the Fair Responsibility Act of 1986 -- makes "each defendant" jointly liable for all economic damages, but severally liable for noneconomic damages only in proportion to fault. Last week, in B.B. v. County of Los Angeles, 2020 DJDAR 8403 (Aug. 10, 2020), the California Supreme Court unanimously ruled that this does not apply to intentiona...
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