A plaintiff in California suffers $300,000 in economic damages (medical bills, lost wages) and $200,000 in non-economic damages (pain and suffering). Defendant A is 10% at fault; Defendant B (insolvent) is 90% at fault. Under Civil Code §1431.2, what may the plaintiff collect from Defendant A?
Explanation
Proposition 51 (Civil Code §1431.2) retained joint and several liability for ECONOMIC damages but limited liability for NON-ECONOMIC damages to each defendant's percentage of fault. So Defendant A is jointly liable for the full $300,000 of economic damages, plus only 10% of the $200,000 in non-economic damages ($20,000), for a total of $320,000. The plaintiff cannot collect more non-economic damages from A because B is insolvent.
Law Reference: Cal. Civ. Code §1431.2 (Proposition 51)This topic, taught in full in the California Property & Casualty Broker-Agent guide. California Property & Casualty Broker-Agent Study Guide — 2026 Edition — PDF + EPUB, $24.99 · 14-day refund →
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