Cy Pres . . . as close as possible.
What is Cy Pres?
When a class action lawsuit prevails, the defendant entity is ordered to pay restitution or other punitive financial damages to the class. The courts require that every effort is made to award to class members. Where it is not possible to directly distribute all monies to class members, or when there are residual funds after all payouts have been made, a cy pres distribution may be made.
In California, cy pres statutes seek to ensure that unpaid class funds are used "to further the purposes of the underlying causes of action, or to promote justice for all [citizens of the state]. The letter of the law is met when funds are awarded to not-for-profit organizations whose work relates closely to the purposes of the case, indirectly benefits the class, and advances the public interest. The not-for-profit organizations are typically proposed by plaintiff's counsel, and are presented to the court in a pleading. The trial judge makes the final decision - approving the not-for-profit as the recipient of the lawsuit's residual funds.
Consider CARR for a Cy Pres Distribution
CARR, as a consumer advocacy organization that supports the health, safety and dignity of seniors in assisted living facilities, is an ideal candidate for your consideration. CARR's unprecedented actions on behalf of California consumers include: creating the first website devoted to the regulatory history of California's assisted living facilities; sponsoring legislation requiring assisted living facilities to carry liability insurance; and creating and maintaining the consumer-oriented Choose Well website for the County of San Diego. Choose Well is the only program of its kind in the United States where volunteering facilities are scored on their compliance histories.
In each of these 'firsts', CARR has demonstrated its long-standing dedication to the public interest.
CARR makes its organizational and financial health available to law firms interested in vetting us to be a recipient of cy pres funds. Cy pres support will allow CARR additional resources that can be used to fulfill and expand its Mission Statement.