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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


  • KLEIN, P.J.


  • California Court of Appeal


  • 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.
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