California Court of Appeal

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Nicodemus v. St. Francis Memorial Hosp., 141500

In a putative class action against hospital defendants, alleging they overcharged her for copies of her patient medical records, on behalf of those who requested patient medical records from a medical provider in California prior to litigation and were charged more than the amounts specified in Evidence Code section 1158, the trial court's denial of plaintiff's motion to certify the class is reversed where: 1) the court erred as a matter of law in finding the proposed class was not ascertainable; and 2) the fact that each class member ultimately may be required to establish his or her records request was submitted before or in contemplation of litigation does not overwhelm the common question regarding those uniform copying practices.

Appellate Information

  • Decided
  • Published 2016/10/06

Judges

  • RIVERA

Court

  • California Court of Appeal

Counsel