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<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-18</ns0:ActionDate>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Patel</ns0:AuthorText>
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<ns0:Title> An act to amend Section 411.35 of the Code of Civil Procedure, relating to civil actions. </ns0:Title>
<ns0:RelatingClause>civil actions</ns0:RelatingClause>
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<ns0:Subject>Malpractice actions: architects, engineers, or surveyors.</ns0:Subject>
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<html:p>Existing law requires the attorney for the plaintiff or cross-complainant in any action arising out of the professional negligence of an architect, professional engineer, or land surveyor to file and serve a certificate declaring either that the attorney has consulted and received an opinion that the action is reasonable and meritorious from an architect, professional engineer, or land surveyor, licensed to practice in this state or in any other state, or that the attorney was unable to obtain that consultation for specified reasons.</html:p>
<html:p>This bill would expand the malpractice complaints covered by the provision to include those against landscape architects, professional geologists, and professional geophysicists. This bill would recast the requirements of the certificate to require a practitioner, licensed in this state in same discipline as the
defendant or cross-defendant, not the attorney, to complete the certificate. The bill would specify required elements of the certificate pertaining to the licensure and experience of the practitioner, their lack of interest in the litigation, and their professional opinion regarding the reasonableness and merit of the action. The bill would remove the exception that an attorney can file a certification that states they were unable to obtain a consultation with a practitioner. The bill would make additional conforming changes.</html:p>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
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<ns0:Num>SECTION 1.</ns0:Num>
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Section 411.35 of the
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is amended to read:
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<ns0:Num>411.35.</ns0:Num>
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(a)
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In every action, including a cross-complaint for damages or indemnity, arising out of the professional negligence of a person holding a valid architect’s certificate issued pursuant to Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code, or of a person holding a valid landscape architect’s license issued pursuant to Chapter 3.5 (commencing with Section 5615) of Division 3 of the Business and Professions Code, or of a person holding a valid registration as a professional engineer issued pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code, or of a
person holding a valid registration as a professional geologist or a professional geophysicist issued pursuant to Chapter 12.5 (commencing with section 7800) of Division 3 of the Business and Professions Code, or a person holding a valid land surveyor’s license issued pursuant to Chapter 15 (commencing with Section 8700) of Division 3 of the Business and Professions Code on or before the date of service of the complaint or cross-complaint on any defendant or cross-defendant, the attorney for the plaintiff or cross-complainant shall file and serve the certificate specified by subdivision (b). The certificate specified by subdivision (b) shall be a filing separate and distinct from the complaint or cross-complaint.
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(b)
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A certificate
declaring the following shall be executed by a licensed practitioner as described below and filed by the attorney for the plaintiff or cross-complainant declaring the following:
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(1)
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The practitioner has reviewed the facts of the case.
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(2)
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The practitioner is not a party to the litigation or a current or former employee of a party to the litigation.
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(3)
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The practitioner is not currently serving, and has not previously served, as the design professional in charge of the project that is the subject matter of the action.
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(4)
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The practitioner is an architect, landscape architect, professional engineer, professional geologist, professional geophysicist, or land surveyor.
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(5)
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The practitioner’s license number.
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(6)
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Either of the following:
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(A)
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The practitioner is licensed to practice in this state in the same discipline as the defendant or cross-defendant, has been licensed to practice for at least 15 years in that discipline, and practices that discipline in this state.
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(B)
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The practitioner teaches at an accredited college or university in the same discipline as the defendant or cross-defendant, is licensed in this state to practice in that discipline, and has been licensed to practice that discipline for at least 15 years.
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(7)
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The practitioner is knowledgeable in the relevant issues involved in the action.
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(8)
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In the practitioner’s opinion, the named defendant or cross-defendant was either negligent or not negligent in the performance of the professional services at issue in the case.
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(9)
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On the basis of the practitioner’s review and consultation, there is a reasonable and meritorious cause for the filing of the action by the attorney.
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(c)
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Where a certificate is required pursuant to this section,
one certificate shall be filed for each named defendant or cross-defendant covering the respective discipline and licensure of each named defendant or cross-defendant.
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(d)
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Where the attorney intends to rely solely on the doctrine of “res ipsa loquitur,” as defined in Section 646 of the Evidence Code, or exclusively on a failure to inform of the consequences of a procedure, or both, this section shall be inapplicable. The attorney shall certify upon filing of the complaint that the attorney is solely relying on the doctrines of “res ipsa loquitur” or failure to inform of the consequences of a procedure or both, and for that reason is not filing a certificate required by this section.
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(e)
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For purposes of this section, and subject to Section 912 of the Evidence Code,
the practitioner who submits, signs, and lists their license number on
a certificate as required by of subdivision (b) has a privilege to refuse to disclose
the contents of the consultation with the attorney for the plaintiff or cross-complainant. The privilege shall also be held by the attorney for the plaintiff or cross-complainant.
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(f)
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A violation of this section may constitute unprofessional conduct and be grounds for discipline against the attorney.
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(g)
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The failure to file a certificate in accordance with this section shall be grounds for a demurrer
pursuant to Section 430.10 or a motion to strike pursuant to Section 435.
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(h)
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Notwithstanding subdivision (e), upon the favorable conclusion of the litigation with respect to any party for whom a certificate of merit was filed or for whom a certificate of merit should have been filed pursuant to this section, the trial court may, upon the motion of a party or upon the court’s own motion, verify compliance with this section, by requiring the attorney for the plaintiff or cross-complainant and the practitioner who was required by subdivision (b) to execute the certificate to reveal
the contents on the consultation that were relied upon by the
practitioner
in preparation of the certificate of merit. If the trial judge finds there has been a failure to comply with this section, the court may order a party, a party’s attorney, or both, to pay any reasonable expenses, including attorney’s fees, incurred by another party as a result of the failure to comply with this section.
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(i)
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For purposes of this section, “action” includes a complaint or cross-complaint for equitable indemnity, misrepresentation, fraud, nuisance, or any other act, error, breach or omission
arising out of the rendition of professional services whether or not the complaint or cross-complaint specifically asserts or utilizes the terms “professional negligence” or “negligence.”
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