Cohen

A subscriber to services delivered by a satellite television company filed a class action complaint alleging the company had disseminated false advertising to induce him and other subscribers to purchase more expensive “high definition” or “HD” services. On a prior appeal, we affirmed

the trial court’s order denying the company’s motion to compel arbitration of the subscribers’ class action claims. (See Cohen v. DIRECTV, Inc. (2006) 142 Cal.App.4th 1442 [ 48 Cal.Rptr.3d 813 ] (Cohen I).) In the appeal before us today, the subscribers challenge the trial court’s subsequent order denying their motion for class certification. We affirm the trial court’s order.

FACTS

DIRECTV, Inc., operates a satellite system that transmits television programming to subscribers for a monthly fee. In February 1997, Philip Kent Cohen began subscribing to DIRECTV’s basic service. In July 2003, Cohen upgraded to DIRECTV’s “HD Package,” which, according to the company’s advertising, delivers higher quality television images than its basic service. Subscribers to the HD Package pay an additional monthly fee, and must buy equipment costing, in some instances, more than $1,000. (See Cohen I,…