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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The cy près doctrine originated in the common law of charitable trusts: "Where compliance with the literal terms of a charitable trust became impossible, the funds would be put to `the next best use,' in accord with the dominant charitable purposes of the donor." (Levi Strauss, supra, 41 Cal.3d at p. 472, 224 Cal.Rptr. *507 605, 715 P.2d 564, citing Estate of Tarrant (1951) 38 Cal.2d 42, 49, 237 P.2d 505.) For over a century, California courts have applied the cy près doctrine to achieve remedial equity in a variety of contexts. (See, e.g., Estate of Hinckley (1881) 58 Cal. 457, 512 [declaring that "in the general devolution upon the Courts of this State of all judicial power, with respect to charities, is included in the power cy pres"]; Estate of Tarrant, supra, at p. 49, 237 P.2d 505 [gift earmarked for nonexistent railway pension fund directed under cy près to nonprofit corporation benefiting railway employees]; In re Morse (1995) 11 Cal.4th 184, 210-212, 44 Cal.Rptr.2d 620, 900 P.2d 1170 [ordering that attorney who mass-mailed misleading advertisements about homesteading pay $170,000 "cy près restitution" to consumer protection prosecution trust fund].)

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