Malpractice actions: architects, engineers, or surveyors.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Chaptered
Take action
Record your position on this measure.
Create an account to take a stance, submit a written position, or contact your legislator.
Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Overview
This bill changes California law to require attorneys representing plaintiffs in malpractice lawsuits against architects, engineers, surveyors, landscape architects, geologists, and geophysicists to demonstrate a reasonable basis for the lawsuit. Specifically, the attorney must obtain and document a consultation with a licensed professional in the relevant field and provide a certificate stating that the action is meritorious. The bill also outlines specific circumstances under which a certificate may not be required, such as reliance on ‘res ipsa loquitur’ or a failure to inform, and establishes procedures for disclosure of consultants if the attorney cannot obtain a consultation.
Key provisions
- Expands malpractice coverage to include landscape architects, architects, geologists, and geophysicists.
- Requires attorneys to consult with a licensed professional in the relevant field before filing a malpractice suit.
- Specifies the types of professionals who can be consulted (licensed in California).
- Establishes conditions under which a certificate is not required (e.g., reliance on ‘res ipsa loquitur’).
- Outlines procedures for obtaining a certificate if a consultation cannot be obtained.
- Sets a date of implementation (January 1, 2027).
- Allows for a privilege against disclosing consultant information, with exceptions if the attorney cannot obtain a consultation.
- Provides a process for verifying compliance with the requirements and potential penalties for non-compliance.
Who is affected
Bill text
Read the latest version inline or switch to a previous version.
Text extraction is in progress. View the official source.
Sponsors
Official sponsors from legislative records.
1 on record
Primary sponsor
Arguments
Reasons offered for and against this legislation.
Arguments in favor
No arguments in favor have been submitted.
Submit yoursArguments opposed
No arguments opposed have been submitted.
Submit yours