In Re Microsoft IV Cases

Objector and appellant Charles Q. Jakob objected to the trial court’s final approval of a billion-dollar settlement agreement reached in these consolidated class actions against defendant and respondent Microsoft Corporation (Microsoft). He contends that the court erred in rejecting his objections to the settlement agreement’s provisions for a cy pres distribution of unclaimed settlement funds, and therefore erred in its final judgment approving the settlement agreement. We affirm because the trial court did not abuse its discretion in determining the cy pres provisions were fair, adequate and reasonable.

Background

A. Proceedings Leading to the Settlement Agreement

On February 18, 1999, plaintiff and respondent Charles Lingo initiated a class action suit against Microsoft in the San Francisco Superior Court. (Lingo v. Microsoft (Super. Ct. S.F. City and County, 2004, No. 301357) (Lingo).) In an amended complaint filed the following month, Lingo, joined by several other class representatives, sought injunctive relief and compensatory damages or restitution under the Cartwright Act (Bus. & Prof. Code, § 16720 et seq. (the Cartwright Act)) and the unfair competition law…