California Court of Appeal

Cundiff v. Verizon California, Inc., B199511

Following judgment in favor of plaintiffs in a class action consumer protection suit against defendant-Verizon California alleging unfair business practices, judgment regarding distribution of undeliverable settlement checks in favor of defendant-Verizon is reversed where: 1) notwithstanding the "claims-made" nature of the settlement, the definition of "unpaid residue" accurately described the unclaimed funds at issue in this case; and 2) court rejected Verizon's assertion the legislative history of section 384 suggests it should be applied only in fluid recovery cases in which a common fund is created.

Appellate Information

• Decided 10/16/2008
• Published 10/16/2008

Judges

• KLEIN, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Hadsell & Stormer, Inc., Dan Stormer, Virginia Keeny, Lauren Teukolsky, Pasadena;  Law Offices of Marc Coleman and Marc Coleman for Plaintiffs and Appellants.


• For Appellees:
  
• Munger, Tolles & Olson, Henry Weissmann, David C. Dinielli and Fred A. Rowley, Jr., Los Angeles, for Defendant and Respondent.