How have the courts interpreted a statement of facts in a motion for class certification?
California, United States of America
The following excerpt is from Marler v. E.M. Johansing, LLC, 132 Cal.Rptr.3d 691, 199 Cal.App.4th 1450 (Cal. App. 2011):
The facts in our opening summary are derived from the motion for class certification and documents that are not in dispute. (Richmond v. Dart Industries, Inc. (1981) 29 Cal.3d 462, 478, 174 Cal.Rptr. 515, 629 P.2d 23 [reviewing courts may look to plaintiffs' declarations].) The trial court prepared a six-page order, but it did not contain a statement of facts.
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