Hale

INTRODUCTION

This is Dagmar Hale's second appeal in a class action against Sharp Healthcare and

Sharp Grossmont Hospital (together Sharp) contending Sharp unfairly charged her and

other uninsured patients more for emergency services than the fees it accepted from

patients covered by private insurance or governmental plans. In the first appeal, we

partially reversed a judgment of dismissal following a demurrer. The trial court thereafter

certified the class. After engaging in discovery, Sharp moved to decertify the class arguing

a class action is inappropriate based on lack of ascertainability and lack of predominantly

common issues. 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.

FACTUAL AND PROCEDURAL BACKGROUND

A

Hale was admitted to…