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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In light of the fluid recovery order’s numerous express provisions for continuing court oversight and administration, I conclude that the trial court, exercising its “broad equitable powers” (ABC, supra, 14 Cal.4th at p. 1270) to fashion fair and effective UCL remedies, crafted a specific fluid remedy that constitutes no substantial threat to defendants’ due process rights. In the event unanticipated complications were to arise and threaten either party’s rights, the court could adjust the terms of the order and the administration of the trust fund to accommodate the circumstances. It was in order to retain such flexibility, presumably, that the trial court retained jurisdiction over the fund and provided that “[t]he specific charter for the trust fund, as well as more specific criteria and arrangements for administering the fund and authorizing disbursements from it, shall be approved by the Court and shall be the subject of further proceedings.”

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