Chargemaster Avoids Class Cert Again

Hefczyc v. Rady Children's Hospital San Diego, No. D071264 (Nov. 11, 2017)

This is another “chargemaster” medical billing class action, almost identical to the Kendall case I wrote about a few weeks ago. In litigating class cert, the plaintiff raises and the court rejects many of the arguments raised in Kendall. In particular, the court holds that California really recognize the somewhat lower thresholds for class certification that apply under federal law when a plaintiff seeks only declaratory or injunctive relief. See Fed. R. Civ. P. 23(b)(2). And since Plaintiff didn’t meet the burden to certify his class under state law requirements, class cert was properly denied.

Affirmed.