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 term `fluid recovery' refers to the application of the equitable doctrine of cy près in the context of a modern class action. (State of California v. Levi Strauss & Co. [supra,] 41 Cal.3d 460, 472, 224 Cal.Rptr. 605, 715 P.2d 564.) `The implementation of fluid recovery involves three steps. [Citation.] First, the defendant's total damage liability is paid over to a class fund. Second, individual class members are afforded an opportunity to collect their individual shares by proving their particular damages, usually according to a lowered standard of proof. Third, any residue remaining after individual claims have been paid is distributed by one of several practical procedures that have been developed by the courts.' (Id. at pp. 472-473, 224 Cal.Rptr. 605, 715 P.2d 564.)" (Granberry v. Islay Investments, supra, 9 *493 Cal.4th at p. 750, fn. 7, 38 Cal.Rptr.2d 650, 889 P.2d 970.) Authority for Fluid Recovery.

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