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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Levi Strauss itself was brought as a class action by the Attorney General on behalf of persons overcharged by a clothing manufacturer. The parties entered into a settlement agreement that established a fund of money to be repaid to the relevant consumers, but many did not file claims and a substantial amount of money was left after legitimate claims had been paid. We noted that the equitable doctrine of cy pres provided a solution. After considering various forms that “fluid recovery” might take—including division among individual claimants, distribution to an appropriate governmental organization and the creation of a consumer trust fund—we remanded the matter, noting that “trial courts should have the full range of alternatives at their disposal” and that “disposition of the residue on remand is a matter within the discretion of the trial court.” (Levi Strauss, supra, 41 Cal.3d at p. 479.)

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