Motion for Class Certification
(CA)

Summary

This template illustrates the general structure and format of a notice of motion and motion for class certification in a civil action in California superior court. This template includes practical guidance and drafting notes. For a full listing of key content covering motion practice in California state court litigation, see Motion Practice Resource Kit (CA). For a full listing of key content covering fundamental civil litigation tasks throughout a California state court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (CA). Class certification motion papers must include all of the following: • Notice of motion and motion • Memorandum in support of motion • Evidence (e.g., class representative, class member, and class counsel declarations, discovery responses, deposition transcripts) • Request for judicial notice, if appropriate. Cal. Rules of Ct., Rule 3.764(c)(3); see Cal. Rules of Ct., Rule 3.1112(a), (b). This template combines the notice of motion and motion in a single document, which is a customary practice in California superior courts. The combined document identifies the moving and responding parties, notifies the responding party of the date, time, and place of the hearing on the motion, and briefly states the nature of the requested order, as required by the rules governing the contents of motions and notices of motions. See Cal. Rules of Ct., Rules 3.1110(a), 3.1112(d); see also Cal. Code Civ. Proc. § 1010. The notice of motion, memorandum, and declarations may be filed separately or combined into one document. Cal. Rules of Ct., Rule 3.1112(c). This template assumes the memorandum and declarations will be filed separately. For a template illustrating the general structure and format of a supporting memorandum, see Memorandum of Points and Authorities (CA). For a template illustrating the general format of a supporting declaration, see Declaration under Penalty of Perjury (CA). For a detailed discussion of class action practice, see Class Action Fundamentals (CA) and Class Certification Motion: Making and Opposing the Motion (CA). For general format requirements for all litigation documents, including motions, see Formatting Rules in Court Checklist (CA). For discussion of filing and service procedures, see Filing and Serving Documents Other Than Initial Complaint and Summons (CA). For discussion of procedures and practices relating to oral argument on a motion, see Motion Practice: Oral Argument and Post-decision Procedure (CA).