The Fourth Appellate District treated an appeal as a petition for a writ of mandate and denied the petition. The court held that the state policy rule precluding successive class certification motions after there has been a final order denying certification barred a motion for recertification of a class.
Shahrokh Safaie filed a class action complaint in 2004 against Jacuzzi Whirlpool Bath, Inc., alleging that Jacuzzi had made misrepresentations concerning the horsepower of motors in certain models of its whirlpool bathtubs. He alleged fraud, breach of warranty and violation of several consumer protection statutes, including the unfair competition and false advertising laws (collectively, the UCL).
