The Times Poll : Voters Sharply Split Over ‘Deep Pockets’ Initiative

California voters are sharply split over the “deep pockets” ballot measure, with strong support coming from Republicans and northerners and substantial opposition being generated by Democrats and Los Angeles County residents, The Times Poll has found.

Wealthy people favor the measure and the poor oppose it. Minorities particularly object to the proposal.

Overall, the state is almost evenly divided: 45% for, 41% against and 14% undecided, a survey of registered voters showed.

The ballot initiative, Proposition 51, is an attempt to hold down damage awards in personal injury law suits. In cases with more than one defendant, no defendant’s liability for “pain” and “suffering” could exceed his percentage of fault. Presently, if one defendant is unable to pay, another with a “deep pocket”--no matter what his degree of fault--must pay the entire judgment. Under Proposition 51, the “deep pockets” doctrine still would apply, however, for economic losses such as medical bills and lost wages.

The measure is one of the hottest items on the June 3 primary election ballot.

The Times Poll also asked voters of each political party how they felt about three other fiercely contested--although less visible--fights on the primary election ballot: the Republican nominations for lieutenant governor and state controller, and the Democratic nomination for controller. An unusually high number of undecided voters were found in each race.

The results:

Republican lieutenant governor--Former Lt. Gov. Mike Curb 40%, state Sen. H. L. Richardson of Glendora 20%, undecided 40%.

Republican controller--Assemblyman Don A. Sebastiani of Sonoma 14%, state Sen. William Campbell of Hacienda Heights 11%, former chairman Dan Stanford of the state Fair Political Practices Commission 11%, former state Sen. Marz Garcia of San Mateo County 6%, undecided 58%. (Garcia has withdrawn from the race but his name will appear on the ballot.)

Democratic controller--State Sen. John Garamendi of Walnut Grove 23%, Assemblyman Gray Davis of Los Angeles 19%, Assemblyman Alister McAlister of Fremont 12%, undecided 46%.

Looking ahead to the November general election, the survey found California Chief Justice Rose Elizabeth Bird still fighting an uphill battle for reconfirmation--and making no headway. In the latest Times survey of registered voters, only 32% said they support her, while 56% were opposed and 12% were undecided. The voters’ impressions of her were more than 2-to-1 unfavorable. These findings are virtually identical to what a Times survey found in late March.

Others in Good Shape

However, all the associate justices also up for reconfirmation on the November ballot seem to be in good shape politically. While Bird was behind by 24 points, Cruz Reynoso was running ahead by 16, Joseph R. Grodin by 19, Malcolm M. Lucas by 24, Edward A. Panelli by 28 and Stanley Mosk by 30.

The Times Poll, directed by I. A. Lewis, interviewed 1,652 registered voters by telephone for six days starting May 14 and ending Monday night. Included were 639 Republicans and 760 Democrats. The margin of error for all registered voters was 3% in either direction. For Republicans and Democrats it was 5%.

The high-stakes battle over Proposition 51 is a struggle essentially between the state’s trial lawyers and consumer groups, who are the opponents, and a coalition of insurance companies, local governments and business interests, who are the backers. Millions of dollars is being poured into the fight by both sides, most of it for television commercials.

One-third of the people interviewed said that TV commercials do help them decide how to vote. And among this group, the “deep pockets” measure was being rejected by a 12-point margin. The anti-Proposition 51 commercials have been especially hard-hitting, with one featuring Democratic state Atty. Gen. John Van de Kamp declaring that toxic polluters would escape full accountability under the measure and likening this to going easy on murderers and rapists.

Democrats Oppose

Two other major Democratic leaders also are outspoken critics of Proposition 51: Los Angeles Mayor Tom Bradley and Assembly Speaker Willie Brown of San Francisco. Democratic voters, who traditionally lean toward the underdog and the victim, oppose the measure by a narrow margin of seven points, the survey showed.

But Republican voters, who traditionally side with business, overwhelmingly support it, by 22 points.

Lower-income voters were opposed by 16 points; high-income people in favor by 25 points. Those in the middle income brackets gave it a narrow six-point margin of support.

Los Angeles County, which contains a disproportionately high percentage of Democrats, was rejecting the “deep pockets” measure by a 10-point margin. But the rest of Southern California supported it by six points, and Northern California favored it by 14.

Latinos opposed it by a whopping 27 points, and blacks by a landslide 57. Whites favored it by 11.

‘Yuppies’ for It

And, people who said that they are considered “yuppies” by their friends favored Proposition 51 by 10 points.

Although voters as a whole were divided about Proposition 51, they tended to like the idea behind it. Asked for their impressions of the “deep pockets” initiative--without being offered any details of the measure--people responded: Favorable 35%, unfavorable 20%, not sure 45%.

In the race for the Democratic controller nomination, Davis held a 12-point lead over Garamendi in Southern California. But Garamendi was ahead of Davis by 24 points in Northern California.

In the GOP controller contest, Campbell, Stanford and Sebastiani essentially were evenly bunched in Southern California. But Sebastiani was ahead by 11 points over all his rivals in the north.

Curb led Richardson by lopsided margins all over the state in the GOP lieutenant governor race.