Potentially Overbroad Notice Does Not Render Class Not Ascertainable

Nicodemus v. St. Francis Memorial Hosp., No. A141500 (D1d4 Oct. 6, 2016)

Case is a class action dealing with access to medical records under Evidence Code § 1158, which requires a hospital to promptly give a patient’s medical records to her attorney on presentation of a written authorization form “prior to the filing of any action.” The patient needs to pay reasonable costs, which are defined in the statute. The whole point is to make a patient’s medical records available outside of discovery so her attorney can evaluate whether she has a claim.