Nicodemus

Plaintiff Kristen Nicodemus filed this action against HealthPort Technologies, LLC (HealthPort), and Saint Francis Memorial Hospital (Saint Francis) (collectively, defendants), alleging they overcharged her for copies of her patient medical records. She sought to bring the action on her own behalf and on behalf of others who, acting through an attorney, 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. Plaintiffs motion to certify the class was denied. We conclude this was error and reverse.

I. BACKGROUND

A. Statutory Framework

Section 1158 is designed to require medical providers to produce the medical records demanded by patients through their attorneys prior to litigation in a timely fashion and at a reasonable cost. At the time of plaintiffs appeal, section 1158 provided in pertinent part: “Whenever, prior to the filing of any action or the appearance of a defendant in an action, an attorney at law . . . presents a written authorization therefor signed by an adult patient [or by a patient’s guardian, conservator, parent, or personal…