AB 2106

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, 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.