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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Moreover, the premises of the majority's legislative history argument are flawed. First, the majority speaks of Code of Civil Procedure section 384 as having been enacted to "expressly authorize fluid recovery in class actions" (maj. opn., ante, 96 Cal.Rptr.2d at p. 496, 999 P.2d at p. 728), but section 384 does not use the term "fluid recovery" at all. Rather, as noted, section 384 authorizes disbursement of class action residuals "in any manner the court determines is consistent with the objectives and purposes of the underlying cause of action." (§ 384, subd. (b).) Second, the majority accurately describes the Legislature as providing that certain Consumers Legal Remedies Act (CLRA) suits "may be brought as class actions" (maj. opn., ante, at p. 500, 999 P.2d at p. 732, italics added), thus conceding the CLRA contains no requirement of class treatment. The CLRA provides that any consumer entitled to bring a CLRA action "may, if the unlawful method, act, or practice has caused damage to other consumers similarly situated," seek the court's permission to proceed on behalf of a class. (Civ.Code, § 1781, subd. (a).) The CLRA directs courts to permit class treatment only "if all of [certain listed] conditions exist." (Civ.Code, § 1781, subd. (b) [listing traditional class action prerequisites].) That the Legislature has neither required class treatment of CLRA actions, nor specifically limited cy près or "fluid recovery" to class actions, fatally undermines the majority's legislative history argument to the extent it is premised on the contrary assumptions.

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