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BRUNO v. SUPERIOR COURT

Docket No. 25964.

127 Cal.App.3d 120 (1981)

179 Cal. Rptr. 342

JOHN P. BRUNO et al., Petitioners, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; ALPHA BETA COMPANY et al., Real Parties in Interest.

Court of Appeals of California, Fourth District, Division Two.

December 23, 1981.

Attorney(s) appearing for the Case

COUNSEL

John P. Bruno, in pro. per., Brandlin & McAllister, Raymond P. Hernacki, Bonnie L. McCarthy, Lipsig, Rosenfield & Leff and J. David Rosenfield for Petitioners.

No appearance for Respondent.

Pillsbury, Madison & Sutro, Richard W. Odgers, C. Douglas Floyd, Lawler, Felix & Hall, Robert P. Mallory, Mark V. Berry, Donahue, Gallagher, Thomas & Woods, Robert N. Wood, Lawrence K. Rockwell, Rutan & Tucker, Garvin F. Shallenberger and Theodore I. Wallace, Jr., for Real Parties in Interest.

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. (1a) 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...

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