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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That Code of Civil Procedure section 384, subdivision (d) expressly preserves cy pres remedies only “in any class action” is not surprising given the section’s exclusive focus on “the unpaid residuals in class action litigation.” (Code Civ. Proc., § 384, subd. (a).) Nothing in the statute suggests the Legislature even imagined section 384 might be thought to displace equitable or statutory cy pres outside the class action context. As we previously have noted, the Legislature has stated that its intent was just “ ‘to ensure that the unpaid residuals in class action litigation are distributed’ ” appropriately. (Granberry v. Islay Investments, supra, 9 Cal.4th at p. 751, citing Code Civ. Proc., § 384, subd. (a).)

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