Rule 3.761.Form of complaint
Division 7. Civil Case Management · Chapter 6. Management of Class Actions · Adopted 1851 · no amendments on record · Last verified July 29, 2026
Full Text of Rule 3.761
Plain-English Summary
Rule 3.761 sets two formatting requirements for a class-action complaint, and both are meant to be noticed immediately. The first is a caption requirement: a complaint for or against a class party must carry the designation “CLASS ACTION” in capital letters on the first page, placed immediately below the case number but above the description of the complaint’s nature. Anyone glancing at the case — the clerk, the assigned judge, opposing counsel — is meant to know from the first page that this filing calls for the class-action chapter’s management track.
The second requirement goes to substance rather than just labeling. The complaint must include a separate heading titled “CLASS ACTION ALLEGATIONS,” and under that heading the plaintiff must describe how the case meets the requirements for class certification. It isn’t enough to assert that the case qualifies for class treatment; the complaint has to lay out, in its own dedicated section, the basis for that claim.
Together, these two requirements make sure a class case is flagged and explained from the moment it’s filed, working alongside rule 3.760’s rule on which cases the class-action chapter covers in the first place.
Frequently Asked Questions
Where must “CLASS ACTION” appear on a California class-action complaint?
On the first page, in capital letters, positioned immediately below the case number and above the description of the complaint’s nature.
What is a “Class Action Allegations” heading?
A separate, specifically labeled section of the complaint, required by rule 3.761(b), where the plaintiff describes how the case meets the requirements for class certification.
Is it enough to mention “class action” somewhere in the body of the complaint?
No. Rule 3.761 requires the capitalized designation in a specific location on the first page, plus a separate heading and description addressing certification — not just a passing reference.
Amendment History
Rule 3.761 renumbered effective January 1, 2007; adopted as rule 1851 effective January 1, 2002.