In California, joint and several liability applied differently depending on the type of damages involved. Under California civil code 1431.2, defendants are jointly and severally liable for economic damages, such as medical expenses, lost wages, and property repairs. This means that the plaintiff can recover the full amount of economic damages from any defendant, regardless of that defendant’s percentage of fault. This rule ensures that victims receive full compensation, even if some defendants are insolvent and unable to pay their share. 

However, for non economic damages, such as pain and suffering, emotional distress or loss of enjoyment of life, California law applies a several liability rule. Each defendant is responsible only for the portion of non economic damages that corresponds to their degree of fault. This principle prevents a defendant with minimal responsibility from bearing an excessive financial burden for intangible losses. 

There are exceptions, particularly in cases of intentional torts, where defendants can be held jointly and severally liable for both economic and non economic damages. Additionally, California case law, particularly in the Evangelatos v. Superior Court 1988 ruling, has upheld this distinction and confirmed the reforms introduced by Civil Code 1431.2

This legal framework aims to balance the interests of plaintiffs by ensuring they receive full compensation while protecting defendants from disproportionate liability for non economic damages.