Section 17203

Citation: Section 17203
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 creating a tenants' trust fund as a repository permitting full disgorgement to interested parties of defendants' illegal gains, the trial court invoked the concept of "fluid recovery"; it is this fluid recovery aspect of the trial court's order to which the majority objects. But "fluid recovery," as the majority acknowledges, is simply a term California courts have sometimes adopted when referring to "`the application of the equitable doctrine of cy près in the context of a modern class action.'" (Maj. opn., ante, 96 Cal.Rptr.2d at p. 492, 999 P.2d at p. 725; accord, Levi Strauss, supra, 41 Cal.3d at p. 472, 224 Cal.Rptr. 605, 715 P.2d 564.) Interchangeably, we have used the term "fluid distribution." (See Levi Strauss, supra, at p. 474, 224 Cal.Rptr. 605, 715 P.2d 564.)

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