Motion Types Legal Issues

What is a Motion to Modify/Amend Order Certifying Class?

Any party may file a motion to amend or modify an order certifying a class. Cal. Rules of Court 3.764(a)(3); Vasquez v. Super. Ct. (1971) 4 Cal.3d 800, 821.

“Where necessary, the trial court has some flexibility to allow amendments to class definitions that will allow an appropriate class action to be resolved on its merits.” Kendall v. Scripps Health (2017) 16 Cal.App.5th 553, 566. The trial court “can and should redefine the class where the evidence before it shows such a redefined class would be ascertainable.” Sotelo v. Medianews Group, Inc. (2012) 207 Cal.App.4th 639, 650-51 (citation omitted).

A motion to amend or modify a class certification order must be filed and served on all parties to the action at least 28 calendar days before the date appointed for hearing. Cal. Rules of Court 3.764(c)(1). The documents in support of the motion shall consist of the notice of motion, a memorandum of points and authorities, and related evidence. Cal. Rules of Court 3.764(c)(3). Any evidence to be considered at the hearing on the motion must be by declaration or request for judicial notice. Cal. Rules of Court 3.764(d).

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