FAQs
What does cy pres mean?
1
It comes from a French term meaning “as near as possible.”
What is the difference between state and federal law on cy pres?
2
State law differs, as CCP 384 makes clear which organizations are always appropriate recipients. Federal law requires a nexus between the underlying cause of action and the recipient organization (see federal law page for more information).
How do legal aid organizations use a cy pres designation?
3
Civil legal aid organizations, which we have listed in our “appropriate recipients” tab, are funded by the State Bar of California to help people who cannot afford a lawyer. In the last five years, State Bar grantees have served over one million clients in cases related to housing, immigration, family law, consumer/finance, employment law, and more. They have served countless more people through know your rights presentations and community partnerships.
Why not designate the state’s unclaimed property fund?
4
If the goal is that class members who did not cash checks mailed to their home, nor respond to repeated attempts to be made whole, it is unlikely that they would take the additional step to access the state’s website to see if they had any unclaimed property. Additionally, these funds must stay "dormant" for several years before they can be used. See In re Baby Prods. Antitrust Litig., 708 F.3d at 172 (“Escheat to the state preserves the deterrent effect of class actions, but it benefits the community at large rather than those harmed by the defendant’s conduct.”).