Motion to certify / decertify class or modify certification order: serve and file moving papers
34 days before hearing date on the class certification (or decertification / modification) motion, under Cal. Rules of Court, rule 3.764(c)(1) (amended eff. Jan. 1, 2026).
Rule text
"Notice of a motion to certify or decertify a class or to amend or modify a certification order must be served on all parties to the action and filed at least 34 calendar days before the date set for hearing. Any opposition to the motion must be served and filed at least 20 calendar days before the noticed or continued hearing, unless the court for good cause orders otherwise. Any reply to the opposition must be served and filed at least 11 calendar days before the noticed or continued date of the hearing, unless the court for good cause orders otherwise. The provisions of Code of Civil Procedure section 1005 otherwise apply."
Cal. Rules of Court, rule 3.764(c)(1) (amended eff. Jan. 1, 2026), official source
Calculate this deadline
- Trigger (Hearing date on the class certification (or decertification / modification) motion): Friday, November 6, 2026.
- Count back 34 calendar days: Saturday, October 3, 2026.
- That day is a Saturday. Counting backward, this calculator uses the earlier court day so the full notice period is preserved: Friday, October 2, 2026 (see Cal. Code Civ. Proc. 12c).
Cal. Rules of Court, rule 3.764(c)(1) (amended eff. Jan. 1, 2026)
"Notice of a motion to certify or decertify a class or to amend or modify a certification order must be served on all parties to the action and filed at least 34 calendar days before the date set for hearing. Any opposition to the motion must be served and filed at least 20 calendar days before the noticed or continued hearing, unless the court for good cause orders otherwise. Any reply to the opposition must be served and filed at least 11 calendar days before the noticed or continued date of the hearing, unless the court for good cause orders otherwise. The provisions of Code of Civil Procedure section 1005 otherwise apply."Official source
Cal. Code Civ. Proc. 12, 12a, 12b, 10; Cal. Rules of Court, rule 1.10
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays." CCP 12b: "If any city, county, state, or public office, other than a branch office, is closed for the whole of any day, insofar as the business of that office is concerned, that day shall be considered as a holiday for the purposes of computing time under Sections 12 and 12a." CCP 10: "Holidays within the meaning of this code are every Sunday and any other days that are specified or provided for as judicial holidays in Section 135."Official source
- Counting backward from a hearing or trial, when the day lands on a weekend or holiday we use the earlier court day. The rules do not state the direction expressly; confirm with the court.
- CRC 3.764(c)(1) as amended effective January 1, 2026 uses CALENDAR days (34 / 20 / 11), not the CCP 1005 16/9/5 court days. Lawyers using pre-2026 calendars or local rules should re-check. AMBIGUITY: CCP 1005(b) states its mail/fax/express add-ons for 'the required 16-day period'; CRC 3.764 says CCP 1005 'otherwise applies'. Conservative modeling applies the 1005(b) add-ons to the 34-day period (earlier service date). Not a deadline to FILE the motion: under 3.764(b) the court may set a filing deadline at the case conference or CMC (court-ordered date). Applies to CLRA class actions as well (CRC 3.760(a)); see clra_class_hearing_notice.
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Hearing date on the class certification (or decertification / modification) motion on Monday, March 15, 2027, personal service: due Tuesday, February 9, 2027.
- Trigger (Hearing date on the class certification (or decertification / modification) motion): Monday, March 15, 2027.
- Count back 34 calendar days: Tuesday, February 9, 2027.
Notes
CRC 3.764(c)(1) as amended effective January 1, 2026 uses CALENDAR days (34 / 20 / 11), not the CCP 1005 16/9/5 court days. Lawyers using pre-2026 calendars or local rules should re-check. AMBIGUITY: CCP 1005(b) states its mail/fax/express add-ons for 'the required 16-day period'; CRC 3.764 says CCP 1005 'otherwise applies'. Conservative modeling applies the 1005(b) add-ons to the 34-day period (earlier service date). Not a deadline to FILE the motion: under 3.764(b) the court may set a filing deadline at the case conference or CMC (court-ordered date). Applies to CLRA class actions as well (CRC 3.760(a)); see clra_class_hearing_notice.
Related deadlines
- Class action case conference: plaintiff serves defendant's notice on non-appearing named parties (10 days after)
- Class action case conference: plaintiff serves court's notice on all served parties (10 days after)
- Class action case conference: file and serve notice of conference (20 days before)
- Class certification motion: opposition (20 days before)
- Class certification motion: reply (11 days before)
- CLRA class action: notice of Civ. Code 1781(c) hearing (class propriety / notice / merit) (10 days before)
- Class action dismissal: request hearing after notice of tentative disapproval (15 days after)
Local rules by county
County local rules and courtroom procedures can add to or change this deadline. Pick a county to calculate with them applied.
- Alameda
- Alpine
- Amador
- Butte
- Calaveras
- Colusa
- Contra Costa
- Del Norte
- El Dorado
- Fresno
- Glenn
- Humboldt
- Imperial
- Inyo
- Kern
- Kings
- Lake
- Lassen
- Los Angeles
- Madera
- Marin
- Mariposa
- Mendocino
- Merced
- Modoc
- Mono
- Monterey
- Napa
- Nevada
- Orange
- Placer
- Plumas
- Riverside
- Sacramento
- San Benito
- San Bernardino
- San Diego
- San Francisco
- San Joaquin
- San Luis Obispo
- San Mateo
- Santa Barbara
- Santa Clara
- Santa Cruz
- Shasta
- Sierra
- Siskiyou
- Solano
- Sonoma
- Stanislaus
- Sutter
- Tehama
- Trinity
- Tulare
- Tuolumne
- Ventura
- Yolo
- Yuba
Rules current as of 2026-10-25. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.