AMENDED IN SENATE JUNE 15, 2026

AMENDED IN ASSEMBLY APRIL 29, 2026

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

96

Introduced by Assembly Member Patel

February 18, 2026

An act to amend Section 411.35 of the Code of Civil Procedure, relating to civil actions.

Vote: majority   Appropriation: no   Fiscal committee: no   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

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.

This bill would expand the malpractice complaints covered by the provision to include those against landscape architects and geologists or geophysicists. This bill would limit the practitioners that may be consulted to those who are licensed in this state. The bill would specify that these provisions only apply to actions filed on or after January 1, 2027.

The people of the State of California do enact as follows:

SECTION 1.

Section 411.35 of the Code of Civil Procedure is amended to read:

411.35.

(a) 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 of 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.

(b) A certificate declaring one of the following shall be executed by the attorney for the plaintiff or cross-complainant:

(1) (A) The attorney has reviewed the facts of the case.

(B) The attorney has consulted with and received an opinion from at least one architect, landscape architect, professional engineer, geologist or geophysicist, or land surveyor who is licensed to practice and practices in this state, or who teaches at an accredited college or university and is licensed to practice in this state, in the same discipline as the defendant or cross-defendant and who the attorney reasonably believes is knowledgeable in the relevant issues involved in the particular action.

(C) The attorney has concluded on the basis of this review and consultation that there is reasonable and meritorious cause for the filing of this action.

(D) The person consulted is not a party to the litigation.

(E) The person consulted has rendered their opinion that the named defendant or cross-defendant was negligent in the performance of the applicable professional services.

(2) That the attorney was unable to obtain the consultation required by paragraph (1) because a statute of limitations would impair the action and that the certificate required by paragraph (1) could not be obtained before the impairment of the action. If a certificate is executed pursuant to this paragraph, the certificate required by paragraph (1) shall be filed within 60 days after filing the complaint.

(3) That the attorney was unable to obtain the consultation required by paragraph (1) because the attorney made three separate good faith attempts with three separate architects, landscape architects, professional engineers, geologists or geophysicists, or land surveyors to obtain this consultation and none of those contacted would agree to the consultation.

(c) Where a certificate is required pursuant to this section, only one certificate shall be filed, notwithstanding that multiple defendants have been named in the complaint or may be named at a later time.

(d) 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.

(e) For purposes of this section, and subject to Section 912 of the Evidence Code, an attorney who submits a certificate as required by paragraph (1) or (2) of subdivision (b) has a privilege to refuse to disclose the identity of the architect, landscape architect, professional engineer, geologist or geophysicist, or land surveyor consulted and the contents of the consultation. The privilege shall also be held by the architect, landscape architect, professional engineer, geologist or geophysicist, or land surveyor so consulted. If, however, the attorney makes a claim under paragraph (3) of subdivision (b) that they were unable to obtain the required consultation with the architect, landscape architect, professional engineer, geologist or geophysicist, or land surveyor, the court may require the attorney to divulge the names of architects, landscape architects, professional engineers, geologists or geophysicists, or land surveyors refusing the consultation.

(f) A violation of this section may constitute unprofessional conduct and be grounds for discipline against the attorney, except that the failure to file the certificate required by paragraph (1) of subdivision (b), within 60 days after filing the complaint and certificate provided for by paragraph (2) of subdivision (b), shall not be grounds for discipline against the attorney.

(g) 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.

(h) 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 who was required by subdivision (b) to execute the certificate to reveal the name, address, and telephone number of the person or persons consulted with pursuant to subdivision (b) that were relied upon by the attorney in preparation of the certificate of merit. The name, address, and telephone number shall be disclosed to the trial judge in an in-camera proceeding at which the moving party shall not be present. 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.

(i) For purposes of this section, “action” includes a complaint or cross-complaint for equitable indemnity 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.”

(j) The changes made to this section by the act that added this subdivision shall only apply to an action filed on or after January 1, 2027.