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Class Decertification Order Affirmed.

March 5, 2015 by Leave a Comment

Putative Class This is a class action against a healthcare provider. Plaintiffs contend the provider unfairly charges uninsured patients more for emergency services that the fees it accepts from patients covered by private insurance or governmental plans. The trial court first certified, but later decertified the class. In affirming the order decertifying the class, the appellate court stated: “The trial court considered the evidence presented and found there is no reasonable means to ascertain the members of class without individual inquiries of more than 120,000 patient records and continued class treatment is not appropriate because individualized issues, rather than common issues, predominate, particularly with respect to whether or not class members are entitled to recover damages. Finding no abuse of discretion, we affirm the order decertifying the class.” (Hale v. Sharp Healthcare (Cal. App. Fourth Dist., Div. 1; December 5, 2014) 232 Cal.App.4th 50 [180 Cal.Rptr.3d 825].)

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