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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Any validity to the majority’s legislative history argument is not self-evident, as there would be nothing logically inconsistent with the Legislature’s intending, or our construing, the separate schemes governing class action residuals and disgorged unfair competition proceeds each to permit fluid recovery, or a cy pres remedy. (Compare Code Civ. Proc., § 384, subd. (a) [Legislature’s intent is that unpaid class action residuals shall be “distributed, to the extent possible, in a manner designed either to further the purposes of the underlying causes of action, or to promote justice for all Californians”] with Bus. & Prof. Code, § 17203 [authorizing “such orders or judgments” as “may be necessary” to deter unfair competition or to restore its proceeds to interested persons].)

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