Nickel

OPINION, ORDER AND PARTIAL JUDGMENT

This action arises from excessive trustee’s fees charged by defendant to over twenty-five hundred trusts for which defendant was the trustee. The trusts were so-called “contractual fee” trusts; that is, trusts which had contracts defining the fees that could be charged by the trustee. The facts of how the excessive fees were charged are not material to this opinion.

The third amended complaint contains forty two causes of action. This court has jurisdiction over the case by virtue of plaintiff’s allegations under 18 U.S.C. § 1961 , et seq. This court has supplemental jurisdiction over the causes of action based upon California state law, which are the ones central to this decision.

I.

The case proceeded on the third, fourth and fifth claims, the state law causes of action. The case was so bifurcated, because the court believes that those causes of action pose the issues on which most of the remaining allegations depend: that is, whether the remedy already provided by defendant to the trusts, after it discovered the excessive fees, was the appropriate remedy; or whether plaintiff and her class are entitled to additional relief under…