What Is a Motion for Class Certification?

A motion for class certification is a legal request made by a party in a class action lawsuit, seeking the court's approval to proceed as a class action. This motion argues that the case meets the necessary criteria, such as numerosity, commonality, typicality, and adequacy of representation, to represent a large group of plaintiffs with similar claims or injuries. The court's decision on class certification can significantly impact the litigation process, affecting the efficiency, resources, and potential recovery for the plaintiffs involved. Understanding this motion is crucial for comprehending the complexities of class action lawsuits and the strategies employed by attorneys to represent the collective interests of their clients.(Class Action, Black's Law Dictionary, 11th ed. 2019, available at Westlaw.)

In some jurisdictions, the lead plaintiffs (e.g., the person or small group of people who wish to represent the interests of the class) must file a motion for class certification before the case can proceed as a class action, requesting that the court assess if the requirements for doing so are met.

In order to certify a class, “[t]he party advocating class treatment must demonstrate the existence of an ascertainable and sufficiently numerous class, a well-defined community of interest, and substantial benefits from certification that render proceeding as a class superior to the alternatives.” (Brinker Restaurant Corp. v. Super. Ct. (2012) 53 Cal.4th 1004, 1021; Gattuso v. Harte-Hanks Shoppers, Inc. (2007) 42 Cal.4th 554, 575; City of San Jose v. Super. Ct. (1974) 12 Cal.3d 447, 458.) The party seeking certification has the burden to establish… Explore California's Motion for Class Certification, Generally Rules

“Claims alleging that a uniform policy consistently applied to a group of employees is in violation of the wage and hour laws are of the sort routinely, and properly, found suitable for class treatment.” (Brinker Restaurant Corp. v. Super. Ct. (2012) 53 Cal.4th 1033.) “The plaintiffs may not simply allege such a policy or practice, however. They must present substantial evidence that proving both the existence of the defendant’s uniform policy or practice and the alleged illegal effects of that policy or practice could be…” Explore California's Motion for Wage and Hour Class Certification Rules

Rule 1.220(a) sets forth the prerequisites for class certification and reads in pertinent part: “Before any claim . . . may be maintained on behalf of a class by one party or more suing . . . as the representative of all the members of a class, the court shall first conclude that: (1) the members of the class are so numerous that separate joinder of each member is impracticable, (2) the claim… (continue reading)

Section 901 of Civil Practice Law and Rules sets forth five prerequisites to class certification: (1) the class is so numerous that joinder of all members whether otherwise required or permitted is impracticable; (2) there are questions of law or fact common to the class which predominate over any questions affecting only individual members; (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class… Explore New York's Motion for Class Certification, Generally Rules

Class certification is routinely granted in wage and hour actions in the State of New York. (Dabrowski v. Abax, Inc., 84 A.D.3d 633 [1st Dept. 2011].) “Numerous courts have found that wage claims are especially suited to class litigation—perhaps the most perfect questions for class treatment—despite differences in hours worked, wages paid, and wages due.” (Ramos v. O’Connell, 28 F.Supp.2d 796 [W.D.N.Y. 1998].) “New York state courts have repeatedly approved class certification of prevailing…” Explore New York's Motion for Wage and Hour Class Certification Rules

Rule 42(a) requires the putative class representative to show: (1) Numerosity: the class is so numerous that joinder of all members is impracticable. (Rainbow Group, Ltd. v. Johnson (1999) 990 S.W.2d 351, 356.) Numerosity is not based on numbers alone, but includes such factors as judicial economy, the nature of the action, geographical location of class members, and the likelihood that class members would be unable to prosecute individual lawsuits. (Id. at 35); (2) Commonality: requires that some, not necessarily all or even a substantial portion, of the legal or factual questions be common to the class. (Id. at 358.) The issues must be such that when they are answered for one member of the class… (continue reading)