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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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 pres in the context of a modem class action.’ ” (Maj. opn., ante, at p. 127; accord, Levi Strauss, supra, 41 Cal.3d at p. 472.) Interchangeably, we have used the term “fluid distribution.” (See Levi Strauss, supra, at p. 474.)

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