Stephen

—Plaintiff Charles Stephen brought this individual and purported class action against defendants Enterprise Rent-A-Car of San Francisco and others (collectively Enterprise) seeking relief, on various theories, for alleged unconscionably high rates charged by Enterprise for a risk-allocation option called collision damage waiver (CDW) in its rental contracts. Stephen appeals from an order denying, as untimely, his “Renewed Motion for Class Certification,” brought under Code of Civil Procedure section 1008, subdivision (b). We will affirm the order.

Background

The following fact recital honors a stipulated protective order limiting the disclosure of commercially sensitive matters in the record. We confine our recital to the essential events necessary to frame the issues.

Stephen filed the action in July 1988 as a purported class action. He brought a motion for class certification in March 1989 to which Enterprise filed voluminous opposition on the merits. The court did not reach the merits. It ordered the matter off calendar for failure to comply with local rules.

Stephen filed a second motion for class certification in September 1989, after intervening discovery.…