Civil Litigation
Jul. 17, 2018
New cy pres rules will have unintended consequences
For decades, California has encouraged class action litigants to include cy pres provisions in class action settlements. Unfortunately, a new law may undermine that policy.





Richard L. Kellner
Managing Partner
Kellner Law Group LLC
Phone: (310) 780-6759
Email: rlk@kellnerlaw.com

For decades, California has encouraged class action litigants to include cy pres provisions in class action settlements. This strong public policy has been enshrined in Code of Civil Procedure Section 384, which provides: "It is the policy of the State of California to ensure that the unpaid cash residue and unclaimed or abandoned funds in class actions are distributed, to the fullest extent possible, in a manner either to further the purposes of the underlying class ...
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