CLRA class action: notice of Civ. Code 1781(c) hearing (class propriety / notice / merit)

10 days before hearing date on the civ. code 1781(c) motion, under Cal. Civ. Code 1781(c).

Rule text

"If notice of the time and place of the hearing is served upon the other parties at least 10 days prior thereto, the court shall hold a hearing, upon motion of any party to the action which is supported by affidavit of any person or persons having knowledge of the facts, to determine if any of the following apply to the action: (1) A class action pursuant to subdivision (b) is proper. (2) Published notice pursuant to subdivision (d) is necessary to adjudicate the claims of the class. (3) The action is without merit or there is no defense to the action."

Cal. Civ. Code 1781(c), official source

Calculate this deadline

Deadline
Tuesday, October 27, 2026
  1. Trigger (Hearing date on the Civ. Code 1781(c) motion): Friday, November 6, 2026.
  2. Count back 10 calendar days: Tuesday, October 27, 2026.
Rules applied
Cal. Civ. Code 1781(c)
"If notice of the time and place of the hearing is served upon the other parties at least 10 days prior thereto, the court shall hold a hearing, upon motion of any party to the action which is supported by affidavit of any person or persons having knowledge of the facts, to determine if any of the following apply to the action: (1) A class action pursuant to subdivision (b) is proper. (2) Published notice pursuant to subdivision (d) is necessary to adjudicate the claims of the class. (3) The action is without merit or there is no defense to the action."
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
  • Statutory minimum notice; CCP 1013 extends periods of notice for mailed/electronic service. CAUTION: when the motion is a class certification motion it is also governed by CRC 3.764(c)(1) (34 calendar days; CRC 3.760(a) applies the class rules to actions under Civ. Code 1750 et seq.), and a 1781(c)(3) merits motion is a noticed motion under CCP 1005 (16 court days). Use the LONGEST applicable notice period; this 10-day rule will rarely control. Summary judgment under CCP 437c may not be granted in a CLRA class action (1781(c)).
  • 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 Civ. Code 1781(c) motion on Monday, March 15, 2027, personal service: due Friday, March 5, 2027.

  1. Trigger (Hearing date on the Civ. Code 1781(c) motion): Monday, March 15, 2027.
  2. Count back 10 calendar days: Friday, March 5, 2027.

Notes

Statutory minimum notice; CCP 1013 extends periods of notice for mailed/electronic service. CAUTION: when the motion is a class certification motion it is also governed by CRC 3.764(c)(1) (34 calendar days; CRC 3.760(a) applies the class rules to actions under Civ. Code 1750 et seq.), and a 1781(c)(3) merits motion is a noticed motion under CCP 1005 (16 court days). Use the LONGEST applicable notice period; this 10-day rule will rarely control. Summary judgment under CCP 437c may not be granted in a CLRA class action (1781(c)).

Related deadlines

All California civil deadlines

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.

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.