What is the effect of excluded evidence in the evidentiary review of a motion denying class certification?

California, United States of America


The following excerpt is from Modaraei v. Action Prop. Mgmt., Inc., 252 Cal.Rptr.3d 892, 40 Cal.App.5th 632 (Cal. App. 2019):

5 Along with its order denying class certification, the trial court made a number of evidentiary rulings based on objections filed by both parties. Neither party has appealed the trial courts evidentiary rulings. "As a result, any issues concerning the correctness of the trial courts evidentiary rulings have been waived. [Citations.] We therefore consider all such evidence to have been properly excluded." (Lopez v. Baca (2002) 98 Cal.App.4th 1008, 1014-1015, 120 Cal.Rptr.2d 281.) We have not incorporated excluded evidence in the background or considered it in our review of the trial courts order denying class certification.

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