Section 17535

Citation: Section 17535
Parent Document: Kraus v. Trinity Management Services, Inc., 999 P.2d 718 (2000)
Jurisdiction: California (state)
Effective Date: 2000-06-05
Original Source: https://www.courtlistener.com/opinion/1159700/kraus-v-trinity-management-serv... ↗

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The cy pres doctrine originated in the common law of charitable trusts: “Where compliance with the literal terms of a charitable trust became *147impossible, the funds would be put to ‘the next best use,’ in accord with the dominant charitable purposes of the donor.” (Levi Strauss, supra, 41 Cal.3d at p. 472, citing Estate of Tarrant (1951) 38 Cal.2d 42, 49 [237 P.2d 505, 28 A.L.R.2d 419].) For over a century, California courts have applied the cy pres doctrine to achieve remedial equity in a variety of contexts. (See, e.g., Estate of Hinckley (1881) 58 Cal. 457, 512 [declaring that “in the general devolution upon the Courts of this State of all judicial power, with respect to charities, is included in the power cy pres”]; Estate of Tarrant, supra, at p. 49 [gift earmarked for nonexistent railway pension fund directed under cy pres to nonprofit corporation benefiting railway employees]; In re Morse (1995) 11 Cal.4th 184, 210-212 [44 Cal.Rptr.2d 620, 900 P.2d 1170] [ordering that attorney who mass-mailed misleading advertisements about homesteading pay $170,000 “cy pres restitution” to consumer protection prosecution trust fund].)

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