Agenda Item Wording:
title
Joint letter of support for comprehensive Tort Reform - Authorize the Mayor to sign a joint letter of support for comprehensive tort reform to protect California taxpayers, survivors, and essential public services.
body
Agenda Date: 9/8/2026
Prepared by:
John Lollis, Assistant City Manager, John.Lollis@visalia.gov, (559)713-4323
Department Recommendation:
Staff recommends that the City Council authorize the Mayor to sign a joint letter of support for comprehensive tort reform.
Summary:
Authorize the Mayor to sign a joint letter of support for comprehensive tort reform to protect California taxpayers, survivors, and essential public services. Led by the California Association of Joint Powers Authorities (CAJPA), numerous public agencies and associations across California are joining together to encourage the State Legislature to enact meaningful tort reform for civil actions against public entities.
Background Discussion:
Beginning in May 2026, CAJPA and several other public associations authored a letter to the members of the State Legislature to urge the enacting of meaningful tort reform for civil actions against public entities. Recent data released by CAJPA indicates that public-entity liability costs have tripled in the last seven (7) years and now exceed $7 billion in known exposure, and costs are on pace to grow another seventy percent (70%) by 2027-28. To address the escalating and unsustainable structure of liability, CAJPA and the supporting public agencies and associations have proposed the following reforms:
• Defined benefits including caps on damages in civil actions against public entities, ensuring survivors and other injured parties are made whole while preserving the capacity to deliver essential public services.
• Proportional liability for economic damages in civil actions against public entities, so that taxpayers pay only for the share of harm actually attributable to the public agency, and the perpetrators bear the cost of their own conduct.
• Heightened evidentiary and procedural standards for claims where witnesses, records, and evidence archives are absent or insufficient to assign culpability.
Most cities (including the City of Visalia), counties, special districts, and school districts in California do not purchase liability coverage from traditional commercial insurance carriers, but instead self-fund liability coverage or collectively pool risk through joint powers authorities.
In civil actions against public entities, plaintiff’s counsel commonly recover contingency fees of forty percent (40%) or more of the gross judgement or settlement, with estimated plaintiff attorney fees in actions against public agencies in California now exceeding $500 million annually. Accordingly, support for meaningful tort reform must include caps on damages in actions against public entities.
Under California’s current liability structure, a public entity found just one percent (1%) at fault can be ordered to pay the entirety of a plaintiff’s economic damages - even when the overwhelming majority of fault lies with a criminal actor who has no assets to satisfy a judgement. Thus, support for meaningful tort reform must include proportional (several) liability for economic damages in actions against public entities so that they are responsible only for the share of harm attributable to the public agency’s own conduct.
Subsequent to the initial CAJPA letter in May 2026, more than 180 public agencies and associations across California have joined in the joint letter of support.
Fiscal Impact:
Absent meaningful comprehensive tort reform for civil actions against public entities, the City will experience escalating liability costs that affect budgetary priorities and projects.
Prior Council Action: None
Alternatives: Not authorize to join the joint letter of support.
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to authorize the Mayor to sign a joint letter of support for comprehensive tort reform.
end
Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: None
Attachments:
1. Joint Letter of Support
Strategic Goal: Indicates which City Strategic Goal(s) this item supports. Check all that apply.
|
☐ Economic Vitality |
☐  Organizational Excellence |
☒ Fiscal Strength |
☒  Infrastructure & Growth |
☐  Quality of Life |