Motion for Class Certification

 Superior Court of California
 Alameda County

Cut-Off Date

Motions for class certification should be filed when practicable. The court has the discretionary right to establish a deadline as part of the case conference or as part of other case management proceedings.Any such deadline must take into account discovery proceedings that may be necessary to the filing of the motion.CRC 3.764(b) (renumbered eff 1/1/07).

Filing And Service Twenty-Eight (28) Calendar Days Before Hearing

Class certification motions must be filed and served on all parties to the action at least twenty-eight (28) calendar days prior to the hearing date. CRC 3.764(c)(1) (renumbered eff 1/1/07).

Personal Service

If papers are served by personal service, service must be made at least twenty-eight (28) calendar days before the hearing. CRC 3.764(c)(1) (renumbered eff 1/1/07); CCP 1005(b).

Mail Service

If service is made by mail, service must be made at least twenty-eight (28) calendar days before the hearing, plus:

five (5) calendar days if both the place of mailing and the place of address are within California,

ten (10) calendar days if either the place of mailing or the place of address is outside California but within the United States, and

twenty (20) calendar days if either the place of mailing or the place of address is outside the United States.

CRC 3.764(c)(1) (renumbered eff 1/1/07); CCP 1005(b).

Facsimile Service or Express Mail Service

There are two (2) different authorities regarding the extension of service time applicable to facsimile service (but only one authority regarding express mail).According to California Rule of Court 2.306, service may be made by fax on written agreement of the parties. CRC 2.306(a)(renumbered eff 1/1/08). Fax service completed after 5 p.m. is deemed to have occurred on the next court day. CRC 2.306(g)(renumbered eff 1/1/08). Additionally, "Except as provided in [subsection] (e), any prescribed period of notice and any right or duty to do any act or make any response within any prescribed period or on a date certain after the service of a document served by fax transmission is extended by two court days." CRC 2.306(d)(amended eff 7/1/08, renumbered eff 1/1/08). Subsection (e) provides that the extension of two court days does not apply to extend the time for the filing of: (1)A notice of intent to move for new trial; (2)A notice of intent to move to vacate a judgment under Code of Civil Procedure section 663; or (3)A notice of appeal. CRC 2.306(e).According to California Rule of Court 3.764 referencing Code of Civil Procedure Section 1005, if service is made by facsimile, express mail, or "other method of delivery providing for overnight delivery," service must be made at least twenty-eight (28) calendar days plus two (2) calendar days before the hearing date. CRC 3.764(c)(1); CCP 1005(b).

Electronic Service

When a notice may be served by mail, express mail, overnight delivery, or fax transmission, electronic service of the notice is permitted, when authorized by these rules.A party indicates that the party agrees to accept electronic service by: (A) Filing and serving a notice that the party accepts electronic service.The notice must include the electronic notification address at which the party agrees to accept service; or (B) Electronically filing any document with the court. CRC 2.260(a) (renumbered and amended eff 1/1/08).

Time of Electronic Service

Electronic service is complete at the time of transmission. Service that occurs after the close of business is deemed to have occurred on the next court day. CRC 2.260(e) (renumbered eff 1/1/08).

Consent to Electronic Service Provider

A party that has consented to electronic service under (2) and has used an electronic filing service provider to file and serve documents in a case consents to service on that electronic filing service provider as the designated agent for service for the party in the case, until such time as the party designates a different agent for service.CRC 2.260(a)(3)(eff 1/1/08).

Maintenance of Electronic Service Lists

By January 1, 2009, or before if possible, a court that permits electronic filing in a case must maintain and make available electronically to the parties an electronic service list that contains the parties current electronic notification addresses, as provided by the parties that have filed electronically in the case.CRC 2.260(b)(eff 1/1/08).

Service by the Parties

Notwithstanding (b), parties are responsible for electronic service on all other parties in the case. A party may serve documents electronically directly, by an agent, or through a designated electronic filing service provider. CRC 2.260(c)(eff 1/1/08).

Change of Electronic Notification Address

CRC 2.260(d) has detailed requirements regarding attorney responsibilities with respect to changes in electronic addresses.CRC 2.260(d)(eff 1/1/08).

Class Actions Authorized By State Law

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State Statutory Procedures For Class Actions

Relatively new procedures governing class actions are specified in the California Rules of Court.See more...

Standard For Class Certification

In California, well-settled case law provides that the party seeking class certification has the bur more...

Pre-Hearing Resolution Of Uncontroverted Issues Encouraged

State law encourages the parties to resolve any uncontroverted issues by written stipulation before more...

Caption

California Rule of Court 312(h) was deleted effective 1/1/07. It provided that motions or demurrers more...

It appears that with motions other than demurrers, California Rule of Court 2.111(4) now governs.Thi more...

No change, other than a renumbering, was made to the California Rule of Court addressing the other e more...

Notice of Motion

Every motion must include a written notice of motion that sets forth when and where the motion will more...

Motion

A motion must identify the moving party and the party to whom it is addressed, describe the basis fo more...

Memorandum of Points and Authorities Required

A Motion for Class Certification must be supported by a written memorandum of points and authorities more...

Content

The memorandum of points and authorities must contain a statement of facts, and a concise statement more...

Page Limitation and Tables

The memorandum of points and authorities in support of the motion for class certification may not ex more...

If the memorandum exceeds ten (10) pages, it must include a table of contents and table of authoriti more...

Citations to Authority and Exhibits

Case citations must include the official report volume and page number and year of decision. . Autho more...

Reference to Previously Filed Papers

Any paper previously filed must be referred to by date of execution and title. . more...

Style of Citations

Citations to cases and other authorities in all documents filed in the courts must be in the style e more...

Signature

Every paper filed with the court must be signed by the attorney or unrepresented party submitting th more...

Preemption of Local Rules

California Rule of Court 3.20 states that the Judicial Council preempts local court rules relating t more...

Additional Requirements

Alameda SmartRules procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREMENTS. more...

Written

Evidence received at a law and motion hearing must be by declaration, affidavit or request for judic more...

Request To Present Testimony

A party wishing to present oral evidence at a hearing must file, no later than three (3) court days more...

Declarations

The evidence in support of a motion for class certification may include declarations of counsel, cla more...

Deposition Testimony

The first page of any deposition testimony used as an exhibit must state the name of the deponent an more...

Judicial Notice

Alameda SmartRules procedural guide: REQUEST FOR JUDICIAL NOTICE. more...

The evidence in support of a motion for class certification may also include requests for judicial n more...

Proposed Order

A proposed order may be lodged and served with moving or opposition papers but must not be attached more...

Filing

Time

Moving papers must be filed at least sixteen (16) court days before the hearing date. . more...

Method

Alameda County SmartRules procedural guide: FILING DOCUMENTS. more...

Filing Fee

The schedule of Alameda County filing fees is online at: more...

Proof of Service

Proof of service of moving papers must be filed no later than five (5) court days before the hearing more...

Service

On Attorney of Represented Party

Whenever a document is required to be served on a party, the service must be made on the party's att more...

Time For Personal Service

If papers are served by personal service, service must be made at least sixteen (16) court days befo more...

Extensions For Traditional Mail Service

If service is made by mail, service must be made at least sixteen (16) courts days before the hearin more...

. more...

Extensions For Facsimile or Express Mail Service

There are two authorities with differing requirements regarding service by facsimile (but there is o more...

Fax Service--Agreement Required

Service by fax transmission is permitted only if the parties agree and a written confirmation of tha more...

Fax Service--Service on Last Given Fax Number

Any notice or other document to be served must be transmitted to a fax machine maintained by the per more...

Electronic Service

When a notice may be served by mail, express mail, overnight delivery, or fax transmission, electron more...

Time of Electronic Service

Electronic service is complete at the time of transmission. Service that occurs after the close of b more...

Consent to Electronic Service Provider

A party that has consented to electronic service under (2) and has used an electronic filing service more...

Maintenance of Electronic Service Lists

By January 1, 2009, or before if possible, a court that permits electronic filing in a case must mai more...

Service by the Parties

Notwithstanding (b), parties are responsible for electronic service on all other parties in the case more...

Change of Electronic Notification Address

260(d) has detailed requirements regarding attorney responsibilities with respect to changes in elec more...

Local Rules Regarding Tentative Rulings

more...

Appearance at the Hearing

A party may give notice that he or she will not appear at a law and motion hearing and submit the ma more...

Telephonic Appearance

Telephonic appearance for civil hearings is generally allowed. 670(a) and (c)(amended and renumbered more...

Ruling and Order

Alameda SmartRules procedural guide: PROPOSED ORDERS, PREPARATION OF ORDERS AND NOTICE OF RULING. more...

Class Certification Order Not Appealable

An order certifying a class action is not a final judgment and is thus not appealable. . It remains more...

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