Motion for Class Certification

 Superior Court of California
 Alameda County

Cut-Off Date

The court has the discretionary right to establish a deadline as part of the case conference or as more...   Any such deadline must take into account discovery proceedings that may be necessary to the filing of the more...   

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) more...

Personal Service

If papers are served by personal service, service must be made at least twenty-eight (28) calendar days before more...

Mail Service

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

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

ten (10) calendar days if either the place of mailing or the place of address is outside California more...

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

; .

Facsimile Service or Express Mail Service

There are two (2) different authorities regarding the extension of service time applicable to facsimile service (but only more...

Electronic Service

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

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. more...

Consent to Electronic Service Provider

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

Maintenance of Electronic Service Lists

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

Service by the Parties

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

Change of Electronic Notification Address

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

Class Actions Authorized By State Law

State law authorizes class actions. "[W]hen the question is one of a common or general interest, of many persons, or when the parties more...

State Statutory Procedures For Class Actions

Relatively new procedures governing class actions are specified in the California Rules of Court.See . Prior to the promulgation of these rules, no statewide standard procedures existed for litigating class actions. more...

Standard For Class Certification

In California, well-settled case law provides that the party seeking class certification has the burden to establish the existence more...

Pre-Hearing Resolution Of Uncontroverted Issues Encouraged

State law encourages the parties to resolve any uncontroverted issues by written stipulation before the hearing. If all class issues are resolved by stipulation of the named parties and approved by the court before more...

Caption

California Rule of Court 312(h) was deleted effective 1/1/07. It provided that motions or demurrers may have short captions that simply identify the first party on each more...

It appears that with motions other than demurrers, California Rule of Court 2.111(4) now governs.This rule provides that on any pleading or paper subsequent to the initial complaint or cross-complaint, it is more...

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

Memorandum of Points and Authorities Required

A Motion for Class Certification must be supported by a written memorandum of points and authorities.. To the extent practicable, the memorandum of points and authorities and its supporting declarations should be attached to more...

Content

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

Page Limitation and Tables

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

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

Citations to Authority and Exhibits

Case citations must include the official report volume and page number and year of decision. . Authority from outside California must be lodged with the papers that cite the authority and attached as an 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 more...

Signature

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

Preemption of Local Rules

California Rule of Court 3.20 states that the Judicial Council preempts local court rules relating to pleadings, demurrers, 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 judicial notice, more...

Request To Present Testimony

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

Declarations

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

Deposition Testimony

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

Time For Personal Service

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

Extensions For Traditional Mail Service

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

.

Extensions For Facsimile or Express Mail Service

There are two authorities with differing requirements regarding service by facsimile (but there is only source of timing requirements more...

Fax Service--Agreement Required

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

Electronic Service

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

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. more...

Consent to Electronic Service Provider

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

Maintenance of Electronic Service Lists

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

Service by the Parties

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

Change of Electronic Notification Address

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

Local Rules Regarding Tentative Rulings

The court adopts the tentative ruling procedure set out in California Rules of Court, rule 3.1308(a)(1). The tentative

Appearance at the Hearing

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

Telephonic Appearance

Telephonic appearance for civil hearings is generally allowed. 670(a) and (c)(amended and renumbered eff 1/1/08). Alameda County SmartRules procedural guide: 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. . more...

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