Bruno v. Superior Court

Opinion

MORRIS, J.

This petition for a writ of mandate presents the issue, previously undecided in California, of the propriety of using so-called “fluid class” or “cy pres” procedures to distribute damages in state antitrust class actions, We conclude that these methods of distribution are not per se improper in such cases. Consequently the trial court abused its discretion in granting a motion to strike those remedies from the petitioners’ amended complaint. We grant the writ.

I

Petitioners are eight plaintiffs suing, on behalf of themselves and all others similarly situated, three supermarket…