192 Cal. App. 4th 1160
Cal. Ct. App.2011Background
- Safaie filed a class action against Jacuzzi over horsepower misrepresentations in whirlpool baths (2004).
- Proposition 64 amended UCL standing to require injury for private plaintiffs (Nov. 2004).
- Trial court certified a nationwide UCL and other class actions in Oct. 2005; ruling was tentative.
- Jacuzzi moved to decertify in Sept. 2006; trial court found individualized issues predominate and decertified (June 2007).
- Court of Appeal affirmed decertification in Safaie I (Nov. 2008).
- Tobacco II decision issued by California Supreme Court in May 2009 addressing reliance for class actions; Safaie later sought recertification in July 2009; court denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal is proper or should be treated as a writ | Safaie contends appealability applies | Jacuzzi argues interlocutory/undecidable status | Treat as writ; petition denied |
| Whether a final decertification bars a renewed class-certification motion | Safaie seeks renewal based on intervening law | Stephen rule bars renewal after final decertification | Final decertification bars renewal; Stephen applies |
| Whether the intervening Tobacco II decision creates an exception to the finality bar | Tobacco II supports class-wide relief without individual proof for absent members | Finality bar remains; Tobacco II does not permit renewal | No exception; finality bar controls |
| Whether law-of-the-case principles permit recertification after intervening law change | Intervening law could reopen class issues | Law of the case does not permit renewed class certification after final order | Law-of-the-case does not override finality rule |
| Whether the trial court retained jurisdiction to reconsider after remittitur | Court could reconsider under equitable discretion | Stephen explains finality forecloses renewal | Court retained jurisdiction but finality barred renewal |
Key Cases Cited
- Stephen v. Enterprise Rent-A-Car, 235 Cal.App.3d 806 (Cal. Ct. App. 1991) (dead knell rule; no second class-certification motions after final denial)
- Daar v. Yellow Cab Co., 67 Cal.2d 695 (Cal. 1967) (death knell concept for appealability)
- Morrissey v. City and County of San Francisco, 75 Cal.App.3d 903 (Cal. App. 1977) (finality principles in appellate review of certification orders)
- Le Francois v. Goel, 35 Cal.4th 1094 (Cal. 2005) (1008 no bar to reconsideration of interim rulings)
- Tobacco II Cases, 46 Cal.4th 298 (Cal. 2009) (absent class members tract relief without individualized proof)
- Occidental Land, Inc. v. Superior Court, 18 Cal.3d 355 (Cal. 1976) (successive motions concerning certification context)