Lucas

ORDER:

(1) GRANTING IN PART AND DENYING IN PART PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT; AND

(2) DENYING DEFENDANT’S MOTION FOR CLASS CERTIFICATION

[ECF Nos. 55, 76]

This case arises out of alleged misrepresentations and omissions made by Defendant Breg in connection with the marketing and sale of its Polar Care 500 cold therapy device (“PC 500”). Plaintiffs assert claims for violations of California’s consumer protection laws, common law fraud, and breach of warranty, and now move to certify a nationwide class and California subclass of consumers who purchased or rented the product. (ECF No. 55.) Defendants oppose and move for summary judgment. (ECF NO. 76.) Both motions have been fully briefed.

The Court finds the motions suitable for disposition on the papers submitted and without oral argument. See Civ. L.R. 7.1(d)(1). For the reasons that follow, the Court GRANTS IN PART and DENIES IN PART Defendants’ motion for summary judgment and DENIES Plaintiffs’ motion for class certification.

I. BACKGROUND

Defendant Breg is a California corporation that markets and sells a variety of cold therapy devices throughout the United States. 1 Since 1992, Breg has marketed *957 its PC…