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§ 411.35.Certificate Filed and Served By Attorney For Plaintiff Or Cross-Complainant In Professional Negligence Action Against Architect, Professional Engineer Or Land Surveyor

Title 5. Jurisdiction and Service of Process · Chapter 2. Commencing Civil Actions · Last amended 2000 · Last verified July 28, 2026

In one sentenceSection 411.35 requires the plaintiff’s attorney, before suing a licensed architect, professional engineer, or land surveyor for professional negligence, to file a certificate stating that a qualified expert in the same discipline was consulted and found reasonable and meritorious cause for the action, or explaining why that consultation couldn’t be obtained.

Full Text of § 411.35

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h) (i)

(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 registration as a professional engineer issued pursuant to Chapter 7 (commencing with Section 6700) 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).
(b) A certificate shall be executed by the attorney for the plaintiff or cross-complainant declaring one of the following:
(1) That the attorney has reviewed the facts of the case, that the attorney has consulted with and received an opinion from at least one architect, professional engineer, or land surveyor who is licensed to practice and practices in this state or any other state, or who teaches at an accredited college or university and is licensed to practice in this state or any other 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, and that 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. The person consulted may not be a party to the litigation. The person consulted shall render his or her opinion that the named defendant or cross-defendant was negligent or was not 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 had made three separate good faith attempts with three separate architects, professional engineers, 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, professional engineer, or land surveyor consulted and the contents of the consultation. The privilege shall also be held by the architect, professional engineer, or land surveyor so consulted. If, however, the attorney makes a claim under paragraph (3) of subdivision (b) that he or she was unable to obtain the required consultation with the architect, professional engineer, or land surveyor, the court may require the attorney to divulge the names of architects, professional engineers, 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."
End

Plain-English Summary

Suing an architect, engineer, or land surveyor for professional negligence isn’t like suing over a car crash. The underlying design and construction issues can be technical enough that a court, or even the plaintiff’s own lawyer, has trouble telling a legitimate claim from a meritless one without expert input. Section 411.35 puts a check on that problem before the lawsuit gets underway.

Before or by the time a complaint or cross-complaint alleging professional negligence is served on a licensed architect, a registered professional engineer, or a licensed land surveyor, the plaintiff’s attorney has to file and serve a certificate of merit. In it, the attorney declares that they reviewed the facts of the case, consulted with at least one architect, engineer, or land surveyor practicing in the same discipline as the defendant, or teaching it at an accredited school while licensed to practice, and concluded, based on that review and consultation, that the action has reasonable and meritorious cause. The expert consulted must give an opinion on whether the defendant was or wasn’t negligent, and cannot be a party to the case.

The statute allows two fallback paths for attorneys who can’t get that consultation in time. If a limitations deadline would run out before the attorney can line up an expert, the attorney can file a certificate saying so, then has sixty days after filing the complaint to go back and file the full certificate once the consultation happens. If three separate experts in the field all decline to consult, the attorney can certify that instead, and the identities of those who declined stay privileged unless a court later requires disclosure because the attorney’s excuse is being tested.

Only one certificate is required per case even when multiple defendants are named, and the requirement drops out entirely if the plaintiff’s theory rests solely on res ipsa loquitur or on a failure to warn about a procedure’s risks. Skipping the certificate when one is required exposes the complaint to a demurrer or a motion to strike, and can expose the attorney to professional discipline, though missing the sixty-day deadline for the follow-up certificate alone isn’t grounds for discipline. Even after the case ends favorably for the defense, the court can, on request, privately review who was consulted to confirm the attorney complied with the statute.

Frequently Asked Questions

What is a certificate of merit under Section 411.35?

A document the plaintiff’s attorney files and serves in a professional negligence case against an architect, engineer, or land surveyor, declaring that a qualified expert in the same field was consulted and found reasonable and meritorious cause for the lawsuit.

Who has to consult with an expert before I can sue my architect or engineer for negligence?

Your attorney does. The attorney must review the case and consult with a licensed architect, engineer, or land surveyor in the same discipline as the defendant before certifying that the claim has merit.

What if my limitations deadline will run out before my attorney can consult an expert?

The attorney can file a certificate explaining that the deadline made timely consultation impossible, and then has sixty days after filing the complaint to file the full certificate of merit once the consultation happens.

What if no expert will agree to consult with my attorney about my case?

If the attorney made three separate good-faith attempts with three different qualified experts and none would agree to consult, the attorney can certify that instead of certifying an actual consultation.

What happens if my attorney never files the required certificate of merit?

The missing certificate is grounds for a demurrer or a motion to strike the complaint, and can expose the attorney to professional discipline.

Amendment History

EFFECTIVE 1/1/2000. Amended July 26, 1999 (Bill Number: AB 540) (Chapter 176).

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 28, 2026. · Official source
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